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whether a case can be filed at DEO office that is also a court
09-Sep-2023 (In Civil Law)
i was composite liquor licensee, a case of liquor transportation is made out on me u/s 19/54 of Rajasthan Excise Act 1950, and case filed to ACJM court, the same case filed to District Excise Officer office. the DEO cancel the license u/s 34 of Raj.Excise Act 1950 and Rule 76 of Raj. Excise Rules 1956. the question is 1. whether a case can be filed at DEO office that is also a court is it not a Double Jeopardy. 2. whether the DEO can pass order in section in which the case is not framed.
Dear , your query is valid to some extent as double jeopardy is prohibited under constituion but one thing is there .. DEO passed order in administrative capacity which he can exercise and has been entrusted similarly in ACJM court when case is pending you can take shelter of upper court to avoid anamolly which has occured according to you and you can put forward your view point through a counsel. I think you may get relief.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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