Dismissed

Senior Intelligence Officer v. Mr. Asfaqalam Shabbir

Karnataka HC4 Nov 2024CRL.A/734/2020

Case brief

AI extract

What is this about?

Directorate of Revenue Intelligence appealed against inadequate sentence imposed under the Customs Act by the Special Court for Economic Offences. Following its earlier decision on maintainability, the High Court held such an appeal was not maintainable and dismissed it, granting liberty to approach the jurisdictional Sessions Court.

What the court decided

AI extract

Senior Intelligence Officer Vs Mr. Asfaqalam Shabbir — Customs and Excise | Karnataka HC (2024)

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- 1 - NC: 2024:KHC:44099 CRL.A No. 734 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL No. 734 OF 2020

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BETWEEN:

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SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE BANGALORE ZONAL UNIT BANGALORE - 560 043 (SRI D P SURESH)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI JEEVAN J NEERALGI, ADVOCATE)

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AND:

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…APPELLANT

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MR. ASFAQALAM SHABBIR S/O MR. SHABBIR REGISTRATION No.A031970 OVERSEAS CITIZEN OF INDIA BLOCK 816, JELLICOE ROAD SINGAPORE - 200 816.

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…RESPONDENT

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THIS CRL.A IS FILED UNDER SECTION 377 Cr.PC PRAYING TO SET ASIDE THE SENTENCE OF IMPRISONMENT DATED 05.11.2019 IN C.C.No.157/2019 IMPOSED BY THE SPECIAL COURT FOR ECONOMIC OFFENCES, BENGALURU AND ENHANCE THE SENTENCE BY IMPOSING MAXIMUM PUNISHMENT PRESCRIBED UNDER SECTION 135(1)(b) AND 135(1)(c) OF CUSTOMS ACT AND ETC.,

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2024:KHC:44099 CRL.A No. 734 of 2020

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the Directorate of

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Revenue Intelligence, Bangalore Zonal Unit, Bangalore, against inadequacy of sentence dated 05.11.2019 passed in C.C. No. 157/2019 by the Special Court for Economic Offences, Bengaluru.

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Heard learned counsel for the appellant on maintainability of appeal.

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Maintainability of appeal had come up for consideration before this Court in the case of The Income

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Tax Department Vs. M/s. Jenious Clothing Private Limited and another, Crl.A. No. 2104/2023 and connected matters decided on 12.07.2024 wherein this Court considering the relevant details has held that the appeal filed by the Income Tax Department against the inadequacy of sentence is not maintainable.

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The present appeal is filed by the Directorate of

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Revenue Intelligence, Bangalore Zonal Unit, Bangalore,

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3 - NC: 2024:KHC:44099 CRL.A No. 734 of 2020

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seeking enhancement of sentence imposed by the Special

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Court for Economic Offences, Bengaluru.

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For the reasons stated in the judgment stated supra, the present appeal also is not maintainable. Hence, the appeal is dismissed. Liberty is given to the appellant to present the appeal before the jurisdictional Sessions Court within a period of two months from the date of this judgment. It is made clear that period which has been spent before this Court will not come in the way for considering the period of limitation, if the appeal is filed before the jurisdictional Sessions Court within the time noted supra.

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In view of dismissal of the appeal, all pending applications are disposed off.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 1 Sl No.: 7

Senior Intelligence Officer v. Mr. Asfaqalam Shabbir

Case brief

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What the court decided

Senior Intelligence Officer v. Mr. Asfaqalam Shabbir

Case brief

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