VidhiSangh

Supreme Court of India · 12/09/2017

CHANDPAKLAL RAMANLAL SHAH AND ANR. versus RELIANCE INDUSTRIES LTD.

[2017] 14 S.C.R. 554 · 2017 INSC 895

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored an excise-duty-evasion prosecution discharged because Rule 56A had been omitted. The charged offence was evasion of duty, and omission of a procedural rule governing credit did not extinguish that charge or prevent the prosecution from proving it. The broader competing arguments about repeal, omission and retrospective saving were unnecessary to decide.

Issues

  1. Whether omission of Rule 56A justified quashing a charge of excise-duty evasion.
  2. Whether the wider repeal-and-saving questions needed determination.

Held

Result

Appeal allowed; High Court discharge order set aside and the trial court’s order restored.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 554.