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Criminal · Reportable judgment

Baccarose Perfumes and Beauty Products Pvt. Ltd vs Central Bureau of Investigation & Anr.

Court
Supreme Court of India
Date
6 September 2024
Case No.
Criminal Appeal No. 3216 of 2024
Result
Allowed
Bench
Abhay S. Oka, Augustine George Masih
Citation
[2024] 9 S.C.R. 54 : 2024 INSC 662
Acts & Sections
CrPC Companies Act, 1956 Standards of Weights and Measures Act, 1976 Customs Tariff Act, 1975 Central Excise Act, 1944 Customs Act, 1962
Supreme Court Reports [2024] 9 S.C.R. 54 : 2024 INSC 662
Issue for consideration
Whether the High Court was justified in dismissing the Revision Application against the rejection of the discharge application moved by the appellant-Company.
Headnote

Companies Act, 1956 – Central Excise Act, 1944 – Code of Criminal Procedure, 1973 – Immunity from the prosecution – Grant of – Allegations against the appellant-Company that it cleared its goods into the Indian Market on payment of Countervailing Duty-CVD on the invoice value of the concerned goods, rather than the payment of the CVD on the Maximum Retail Price of the said goods, thereby caused a wrongful gain to themselves and a corresponding wrongful loss to the Government exchequer – Show Cause Notice issued to the company under Customs Act, CE Act and CA Act – Pursuant thereto, registration of FIR under IPC and PC Act – Thereafter, the appellant granted immunity from the prosecution, however, order passed by the trial court taking cognizance – Discharge application by the appellant – Rejected by the Special Judge – High Court upheld the same – Justification:

Read the full headnote (1 more paragraph)

Held: Both the provisions-section 127H of the CA Act and section 32 K of the CE Act, provide for an explicit bar from prosecution on grant of immunity in cases where the proceedings for any offence have been instituted subsequent to the date of receipt of the application seeking such immunity under the relevant law – Furthermore, mere registration of FIR cannot be interpreted to mean that it constitutes the initiation of such proceedings – Registration of FIR necessitates an investigation by a competent officer – It is only after a Final Report/Challan/Chargesheet is submitted as per the compliance of s. 173(2) CrPC, cognizance for the offence is taken – However, the court is not bound by the said report – On facts, on remand to the Assessing Authority for decision afresh on the liability, it had observed that the appellantCompany was entitled to a refund of INR 1.39 Crores out of the INR 1.51 crores paid by it to the Revenue Authorities as per the demand made earlier for the purpose of clearance of the concerned goods – Said Order attained finality – Furthermore, the appellantCompany had successfully claimed immunity from prosecution under the CA 1962, CE Act 1944, and IPC – As such, there was no fiscal liability on the appellant-Company, and accordingly, the order passed by Special Judge, taking cognizance against the appellant-Company, ought not to have sustained – As the very basis of the allegation of offence against the appellant-Company was found to be non-existent, it would have amounted to misuse rather abuse of the process of law – In view thereof, application for discharge ought to have been accepted by the Special Judge – Thus, the proceedings against the appellant-Company quashed by setting aside the impugned order passed by the High Court and the order passed by the Special Judge – Customs Tariff Act, 1975 – Customs Act, 1962 – Prevention of Corruption Act, 1998 – Penal Code, 1860. [Paras 18, 19, 21-23]

Keywords: Revision · Discharge application · Immunity from the prosecution · Countervailing duty on the invoice value of goods · Payment of countervailing duty on maximum retail price of goods · Wrongful gain · Wrongful loss · Government exchequer · Registration of FIR · Investigation · Final Report/Challan/Chargesheet · Abuse of the process of law

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Augustine George Masih, J. 1. The Appellant (hereinafter referred to as “Appellant-Company”) is assailing the Order dated 15.09.2023, wherein the High Court of Gujarat dismissed the Criminal Revision Application No. 783 of 2017 (hereinafter referred to as “CRA No. 783 of 2017”) moved under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC 1973”) against the rejection of discharge application moved by the Appellant-Company. The said application was dismissed by the learned Special Judge (CBI) at Ahmedabad (hereinafter referred to
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