S. R. Dutta, Asstt. Collector Of Customs (Retired) Filing Through Deputy Commissioner Of Customs v. Hasam Ahmed Jafrabadi And ORS.

27-ia-2890-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2890 OF 2022 IN CRIMINAL APPEAL NO. 503 OF 1997 S. R. Dutta, Asstt. Collector of Customs (Retired) ..Applicant.

Versus

Hasam Ahmed Jafrabadi & Ors.

..Respondents __________ Mr. N. Natarajan, SPP a/w. Gajanan Bhosale - Superintendent of Customs, for Applicant, present.

Mr. Parag Joshi i/b. T. D. Joshi and Associates for Respondent Nos.2 and 3.

Mr. P. H. Gaikwad, APP for State/Respondent No.4. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 12th OCTOBER 2022 PC :

1.

This is an application for restoration of Criminal Appeal No.503 of 1997. This Appeal was dismissed for non prosecution vide order dated 16/06/2022 passed by this Court (Coram: A. S. Gadkari, J.).

2.

In this restoration application, learned counsel for the Applicant submitted that, due to oversight and inadvertence Digitally signed by VINOD BHASKAR GOKHALE Date:

2022.10.13 14:55:24 +0530 VINOD BHASKAR GOKHALE Gokhale

27-ia-2890-22 learned counsel could not remain present for the Appellant and, therefore, the Appeal got dismissed. The Appellant is very much interested in prosecuting this Appeal. Therefore, in the interest of justice, the Appeal be restored. He has already given notice to the Respondent Nos.2 and 3. Learned counsel for the Respondent Nos.2 and 3 is present in the Court. On 16/06/2022, when the Appeal was dismissed nobody had appeared for the Respondent No.1.

3.

Considering all these aspects and the submissions made by learned counsel for the Applicant, the Application is allowed and disposed of.

4.

The Criminal Appeal No.503 of 1997 is restored to its file.

5.

The Appeal shall proceed to final hearing stage in due course.

(SARANG V. KOTWAL, J.)