State Tr. Insp. Of Police Vs. A. Arun Kumar & anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 227 , Section 228 , Indian Penal Code,1860 - Section 420 , Section 467 , Section 468 , Section 471 , Section 477-A , Section 120-B , Prevention of Corruption Act,1988 - Section 13 (1) , (2) , Section 15
Customs Act, 1962 - Section 32 - Framing of Charge - Challenge as to - The material on record discloses grave suspicion against the respondents - Special Court held to be right in framing charges against the respondents - Since the duty draw back was not actually availed, the prosecution had rightly alleged that there was an attempt to commit offence under the relevant clauses of Section 13(1) of the POC Ac -. It is not the requirement of law that in order to charge an accused under Section 15 of the POC Act he must also be charged either under Section 13(1) (c) of 13(1) (d) of the POC Act - The assessment of the High Court in that behalf is not correct - Judgment and order passed by the High Court quashing of charges liable to be set aside and the order of the Special Court restored.
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