ASSISTANT COMMISSIONER OF CENTRAL EXCISE HYDERABAD Vs. SABNIFE POWER SYSTEMS LIMITED
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
ASSISTANT COMMISSIONER OF CENTRAL EXCISE,HYDERABAD
SABNIFE POWER SYSTEMS LIMITED
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(1.)Heard the learned Counsel for the parties.
(3.)Against the judgment and order dated 7-1-1999 passed by the Special Judge for Economic Offences. Hyderabad, the complainant - Assistant Commissioner of Central Excise (Legal) , Head Quarter Office, Hyderabad, preferred Criminal Appeal No. 428 of 1999 before the High Court of Andhra Pradesh at hyderabad for enhancement of sentence imposed against the respondents. That appeal was dismissed by the High Court by holding that - (1) appeal for enhancement of sentence under Section 377 (2) Cr. P. C. could be filed by the Public Prosecutor duly authorised by the central Government and Special Public Prosecutor appearing on behalf of the appellant fairly admitted that complainant was not empowered by the Central Government to file the appeal; and (2) appeal was not filed by the public Prosecutor as contemplated under Section 377 (2) Cr. P. C. but was filed by the Special public Prosecutor.
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