HC raps ACMM for summoning customs official as accused

The Delhi HC rapped a lower court judge for summoning as accused 2 central excise department officials for allegedly assaulting some Uttar Pradesh businessmen while arresting them in a duty evasion case.

Updated: Mar 01, 2011, 22:58 PM IST

New Delhi: The Delhi High court on Tuesday rapped
a lower court judge for summoning as accused 2 central excise
department officials for allegedly assaulting some Uttar
Pradesh businessmen while arresting them in a duty evasion
case.

"It is observed that the ACMM had acted illegally in
entertaining the complaint under provisions of IPC and instead
he should have taken action only under Section 20 of Central
Excise Act .....," Justice S N Dhingra, who demitted the
office today, said.
The court was hearing the petitions filed by J P Singh
and G Shiril Saroj, officers of the Directorate General of
Central Excise Intelligence against the summons issued by the
ACMM for assaulting Vinay Kanodia, a businessman, while
arresting him from a hotel here.
"If we consider that the alleged act of forcibly
taking the respondent from Balaji Delux Hotel, situated at
Paharganj, was an offence, this offence had taken place within
the jurisdiction of Police Station Paharganj ....The complaint
shows that on the complaint PS DGCEI was mentioned. There is
no PS in Delhi in the name of DGCEI.

PTI