Arrest and Prosecution Sections 13 and 18 of Central Excise Act, 1944, the Departmental Adjudication, prosecution may also be launched under Section 9 of the Central Excise Act, 1944. PART II ARREST AND PROSECUTION Arrest 1.1 Provisions for arrest are contained in Sections 13 and 18 of Central Excise Act, 1944. These provisions provide for power to arrest, searches and arrests how to be made, disposal of persons arrested, procedure to be followed. 1.2 Any Central Excise Officer not below the rank of Inspector can arrest any person under Section 13 whom he has reason to believe that he is liable to punishment under the Central Excise Act. In normal circumstances, prior approval of Commissioner will be taken before arresting a person. 1.3 The arrested person shall be produced before the Jurisdictional Magistrate or the Chief Judicial Magistrate, as the case may be, within twenty-four hours of the arrest. 1.4 Power to grant bail is normally to be exercised by a Jurisdictional Magistrate. Prosecution 2.1 Besides the departmental adjudication, prosecution may also be launched under Section 9 of the Central Excise Act, 1944 for the offences under Section 9(1) of the Act. As per provisions of Section 9AA prosecution may be launched against any person, Director, Manager, Secretary or other officers of a company or partner/ proprietor of the firm, who is responsible for the conduct of the business of the company/firm and is found guilty of the offences under the Central Excise Act/Rules. 2.2 Section 9 of the Central Excise Act, 1944, provides for prosecution of offenders in a court of law and prescribes a minimum imprisonment of six months. However, in cases where the duty involved is more than one lakh or the offender has been convicted previously under this section, the court can award maximum imprisonment for a term not exceeding seven years. 2.3 Prosecution proceedings in a Court of Law are generally initiated after departmental adjudication of an offence has been completed. However, prosecution may be launched even where adjudication is not complete. 2.4 Generally, the adjudicator should indicate whether a case is fit for prosecution, though this is not a necessary pre-condition. 2.5 Confiscation and penalty in departmental adjudication and prosecution in criminal proceedings are independent and do not amount to double jeopardy. 2.6 Prosecutions are launched in cases of serious nature and where sufficient evidence to prove fraudulent intention is available. Under executive instructions the Chief Commissioner of Central Excise or in specified cases the Director General of Central Excise Intelligence, has power to sanction prosecution.
Get Sample Now Which service(s) are you interested in? Export Data Import Data Both Buyers Suppliers Both OR Exim Help + Exim News Date: 26-07-2024 Budget proposals for marine sector to boost India's aquaculture, seafood exports: MPEDA Date: 26-07-2024 India's duty cut halts concessionary silver, platinum imports from UAE Date: 26-07-2024 Govt eases norms for EPCG license holders Date: 26-07-2024 Government was sleeping at wheel: Congress on 'fall' in India's garment exports Date: 25-07-2024 India to get a three-tiered GST regime in next few months? Date: 25-07-2024 Budget 2024: Cut in customs duty, credit guarantee scheme for MSMEs to help boost mfg, exports: Expe Date: 25-07-2024 'Too high' import duty cut on gold to help contain smuggling, boost exports: CBIC Date: 25-07-2024 Budget 2024: No changes in RoDTEP, drawback schemes or 45-day payment rule a miss for MSME exporters Date: 24-07-2024 Budget earmarks Rs 1.28 lakh cr for telecom min; BSNL gets lion's share of Rs 82,916 cr Date: 24-07-2024 Gold and silver to become cheaper, customs duty cut to 6% What is New? Date: 23-07-2024 Notification No. 39/2024-Customs Seeks to amend notification No. 45/2017-Customs dated 30th June, 2017 in order to extend the time period of re-import. Date: 23-07-2024 Notification No. 51/2024-Customs (N.T.) Seeks to amend Customs Tariff (Identification, Assessment and Collection Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 to provide for New Shippers Review Date: 23-07-2024 Notification No. 29/2024-CUSTOMS Seeks to amend notification No. 154/94-Customs dated the 13th July, 1994 which provides for duty free import of commercial samples. Date: 23-07-2024 Notification No. 31/2024-Customs Seeks to amend notification No. 11/2021-Customs dated 1st February, 2021 so as to revise AIDC applicable on certainitems. Date: 23-07-2024 Notification No. 33/2024-Customs Seeks to amend notification No. 57/2000-Customs dated 8th May 2000, which provides concessional rate for gold, silver and platinum imported under specified schemes. Date: 23-07-2024 Notification No. 34/2024-Customs Seeks to amend notification related to electronics including Nos.25/1999-Customs, 25/2002-Customs and 57/2017- Customs. Date: 23-07-2024 NOTIFICATION No. 35/2024-Customs Seeks to amend notification No. 8/2020-Customs dated 1st February, 2020 in order to revise Health Cess on certain items. Date: 23-07-2024 Notification No. 36/2024-Customs Seeks to provide exemption/concessional rate of BCD and SWS to critical minerals. Date: 23-07-2024 Notification No. 37/2024-Customs Seeks to amend notification no. 27/2011-Customs dated 1st March, 2011 in order to amend the export duty on specified items of raw hides, skins and leather. Date: 19-07-2024 Notification No. 50/2024 –Customs (N.T.) Amendment to Notification No. 24/2023-Customs (N.T.) dated 01.04.2023 - Extension of RoDTEP support to exports by unit in SEZ.
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