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10/05/2012 - Myclipp

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Business Line/ - Markets, Seg, 14 de Maio de <strong>2012</strong><br />

CLIPPING INTERNACIONAL (Supreme Court)<br />

Excise officials' power to issue summons<br />

for recording evidence upheld<br />

The Supreme Court has upheld the powers of Central<br />

Excise officers to issue summons for recording<br />

evidence during investigations. This is a major boost to<br />

the excise officials, especially after the Finance<br />

Minister dropped the proposal regarding grant of bail in<br />

certain cases, related with evasion of central excise<br />

and custom, only after hearing the public prosecutor.<br />

This provision was made in the Finance Bill <strong>2012</strong>.<br />

Meanwhile, the apex court heard the appeal of a<br />

petitioner challenging the decision of the Madhya<br />

Pradesh High Court. The petitioner is an accused in a<br />

matter, investigated by the Central Excise Authority for<br />

alleged evasion of central excise. He was summoned<br />

for recording the evidence, but he challenged the<br />

matter in the High Court. The High Court upheld the<br />

authority of the Central Excise officers to summon, by<br />

its interim order on December 19 last. After the<br />

arguments, the apex court dismissed the petition.<br />

While dismissing the petition, the court also debarred<br />

the petitioner from raising the issue of powers to<br />

summon, in any other proceedings.<br />

213

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