Legal Question in Criminal Law in India

Please refer CBEC Circular 14/98-Cus. dtd -03-1998 as per text of this Circular the Assistant Commissioner of Central Excise will issue Procurement Certificate but as per format of this Circular issuing Authority is Superintendent of Central Excise for duty free import.As per Standing Order No.7413 dtd. 20-11-1998(issued by the Commissioner Customs, Mumbai) Superintendent of Central Excise will issue Procurement Certificate. In central Excise Jaipur Zone it was the practice that Superintendent of Central Excise has issued Procurement Certificate. I am Superintendent of Central Excise in Jaipur Zone and I have also issued Procurement Certificate as per practice.But I am being prosecuted charging that I am not a competent authority to issue Procurement Certificate.

Q. Whether I am competent or not and wny?


Asked on 2/19/13, 11:17 pm

5 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

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Answered on 2/20/13, 1:06 am
Global Legist Advocate & Legal Consultants

Hello,

You are in complex situation as you have issued an certificate as per the local practice. Hence immediately contact a local lawyer for detailed study of matter otherwise it is not difficult to prove that fault is on your side.

Global Legist

Advocate & Legal Consultant

+91 9873400403

[email protected]

www.globallegist.com

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Answered on 2/20/13, 11:41 am
Shrichand Nahar S.V.Nahar, Advocate

See basis of allegations in the charge sheet / FIR and decide further recourse. Check whether standing order referred by you is still effective / valid since finance related matters keep on changing quite frequently.

In case allegations in the charge sheet/FIR do not constitute an offence even prima facie, then you may consider approaching high court for quashing.

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Answered on 10/04/13, 12:02 am


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