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Supreme Court of India 2016-02-15 allowed

Air Customs Officer IGI New Delhi vs Pramod Kumar Dhamija

Bench: 2 — Uday U. Lalit

In Brief

In this case, a customs officer appealed the High Court's decision quashing criminal proceedings against the respondent for gold smuggling. The respondent had been exonerated in parallel adjudication proceedings but had never joined the criminal investigation. The Supreme Court held that adjudication proceedings and criminal prosecution are independent and that exoneration in adjudication is not binding on criminal courts. The exoneration here was not on true merits—it rested on flawed reasoning and disregarded admissible evidence. The Court allowed the appeal, ruling that criminal prosecution could lawfully proceed.

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Customs Law Criminal Procedure Double Jeopardy Adjudication vs Prosecution Foreign Exchange Law Smuggling

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