Magistrate's Order sentencing Customs Commissioner to Six Months Imrisonment Quashed - High Court Passes Strictures Against Magistrate
THIS is a strange case.
In a Customs Offence case before the ACMM, the Department asked for an adjournment because the Public Prosecutor was on leave. The Magistrate imposed costs on the Department t o be reimbursed to the accused on the ground that accused had to come from Mumbai to attend the proceedings and unnecessary adjournment was sought. When the amount was not paid, he ordered imprisonment of the Customs Commissioner for six months.
The Commissioner is in writ petition before the High Court.
The High Court observed that the order passed by learned ACMM seems to be actuated by extraneous reasons as a series of orders of this ACMM in respect of customs cases have been found to be suffering from similar malice.
Does the fact that, an ACMM can actually order imprisonment of a Customs Commissioner, especially when he did not have the power to do so, enhance the majesty of law or make a mockery of the justice system?
We bring you the High Court order today.