Law: Criminal Procedure Code (V of 1898)

Section: 561

CODE OF CRIMINAL PROCEDURE, 1898 (V OF 1898) Section 561-A----It was not a fit case in which the learned Judge in Chamber should have invoked inherent jurisdiction of the High Court under section 561-A, Cr. P.C. directly even before the prosecution produced its evidence. The case involved defraudation of crores of rupees of public money. It was a fit case in which the prosecution should have been given full opportunity to produce evidence before any conclusion could have been recorded. The is set aside and case is remanded to the trial court with the direction to proceed in the matter from the stage at which it stopped. Criminal appeals which have been filed with the leave of this Court against the of a learned Judge of the High Court of Sindh at Karachi in Criminal Miscellaneous allowing respondents above miscellaneous applications under section 561-A, Cr. P.C. for quashing the proceedings pending before the Special Judge (Customs and Taxation), Karachi under section 32 of the Customs Act, 1969 (hereinafter referred to as the Act), arising out of F.I.R. lodged by Muhammad Saleem, Principal Appraiser, Directorate of Inspection and Training (Customs, Central Excise and Sales Tax) and further F.I.Rs. lodged. We are inclined to hold that it was not a fit case in which the learned Judge in Chamber should have invoked inherent jurisdiction of the High Court under section 561-A, Cr. P.C. directly even before the prosecution produced its evidence. The case involved defraudation of crores of rupees of public money. It was a fit case in which the prosecution should have been given full opportunity to produce its evidence before any conclusion could have been recorded. We, therefore, allow the above appeals, set aside the under appeal and remand the case to the learned Special Judge (Customs and Taxation), Karachi with the direction to proceed in the matter from the stage at which it had stopped. CUSTOMS ACT, 1969 (IV OF 1969),Section 185-A,.Scope and nature of Section 185-A. A persual of Section 185-A of the Act indicates that by virtue of subsection (1) thereof a Special Judge is competent to take cognizance of any offence punishable under the Act: (a) upon a report in…

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