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Customs Cognizance and NBWs Set Aside for No Section 223 BNSS Hearing: Calcutta HC
Case Law Details
- Case Name
- Vipul Harish Thakkar & Ors. Vs State of West Bengal & Anr. (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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Vipul Harish Thakkar & Ors. Vs State of West Bengal & Anr. (Calcutta High Court)
The Calcutta High Court allowed a revision petition challenging an order of the Chief Judicial Magistrate, Calcutta, who had taken cognizance of offences under Sections 135(1)(a)(i)(A) and 135(1)(b)(i)(A) of the Customs Act, 1962 and issued non-bailable warrants (NBWs) against the petitioners on the very first date of hearing. The High Court held that the Magistrate ought not to have issued NBWs at the initial stage and had erred in taking cognizance without first granting the petitioners an opportunity of...
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