CUSTOMS CIRCULAR NO.35/2000 Date 4th May, 2000.

Regarding filing of SLP in Supreme Court-Relevant Section of CBEC.

I am directed to invite attention to your letter F. No. VIII/17-43/SLP/SC/CUS/98,dated 29.3.2000, (Copy enclosed), regarding filing of SLP in Supreme Court in a criminal matter. This case does not relate to either Director (Legal) or to Deputy Secretary (Customs), but to DS(AS). In the process, there has been a delay in examination of the papers.

2. All offence cases booked under the Customs Act, including interpretation of provisions relating to search, seizure, arrest and prosecution are handled by Anti Smuggling Unit and may be sent directly to DS(AS) to avoid delay.

3. Similarly, all Customs cases arising out of CEGAT decisions are handled by Dir(Jud)/US(Jud).

4. All other Customs cases are handled by DS(CUS)/US(CUS-VI).

(Dr. Vinayak Prasad)
Under Secretary to the Government of India

OFFICE OF THE COMMISSIOER OF CUSTOMS: GUJARAT: AHMEDABAD:

"CUSTOM HOUSW NEAR ALL INDIA RADIO, ASHRAM ROAD

A H M E D A B A D - 380 009

F.No.VIII/17-43/SLP/SC/CUS/98. Ahmedabad, Dtd. 29.3.2000.

TO

Shri Amitabh Hajela
Director (Legal).

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Legal Cell
New Delhi.

Filling of appeal in the Supreme Court of India against order passed by Gujarat High Court dated 9.12.1999 in the case of Linder Frank Wolfgang of Germany in CMA No.643/1999.

Please refer to your letter F.No.276/1/2000-CX.8A, dtd. 23.3.2000 on the above subject.

As directed, the original certified copy of the judgement and the legible copy of the Additional C.G.S.C. opinion alongwith the brief facts of the case are enclosed herewith.

It is felt that the decision rendered by the Hon'ble High Court in the present appeal has far reaching repercussions as it has virtually curtailed the power of Union of India in case of appeal of enhancement of the sentence under section 377(2) of the Code of Criminal Procedure. It is therefore, requested that necessary action may be immediately takenfor filing SLP against this order of Hon'ble High Court in the aforesaid appeal.

Yours faithfully,

(S K Chowdliary)
Additional Commissioner

Customs, Gujarat
Ahmedabad

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