quashing of fir

ROHIT (Querist) 07 November 2009 This query is : Resolved
my friend sent 14 trucks of scrap without giving information at any sales tax barrier of punjab and caught by s.p irb punjab then he pays penality of 62% after that police register the fir u/s 420,465,467,468,471,120b. is there any chances of quashing the fir as two punishments cannot be given for one crime

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Raj Kumar Makkad (Expert) 07 November 2009
These cannot be termed as two punishments of one offense rather your freind has also violated the criminal law punishable with the sections shown above simultaneously with the offence under Sales Tax. Department of Sales Tax has recovered the amount of penality and punishment can be awarded in the offense mentioned in FIR. It might have better had you also mentioned here the contents of the FIR. No chance of quashing of FIR if it contains other offence than sale tax theft.

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