Prima facie case at summoning stage sustained in Customs Act prosecution; defence arguments left for trial.

At the summoning stage in a prosecution under the Customs Act, the Magistrate must examine the complaint and supporting material only to see whether a prima facie case exists. The seizure memo, statements recorded under the Act, and allegations of contravention of Section 11 and offence under Section 135 were sufficient for that purpose. A defence based on lack of knowledge was held to be a matter for trial and not a ground to interfere with the summoning order at the threshold. The cited precedents were distinguished on their facts, and the summoning order was upheld.

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Issues: Whether the order summoning the accused in a prosecution under the Customs Act, 1962 was liable to be interfered with at the stage of revision on the ground that no prima facie case was made out.

Analysis: At the stage of summoning, the Magistrate is required to examine the complaint and the material placed with it to determine whether a prima facie case exists. The seizure memo, statements recorded under the Customs Act, 1962, and the complaint alleging contravention of Section 11 and commission of the offence punishable under Section 135 provided material on which the Magistrate could form such an opinion. The challenge that the accused would ultimately be able to establish lack of knowledge was held to be a matter for trial and not a ground to quash the summoning order at the threshold. The precedents relied upon were found inapplicable because they arose from different factual and procedural settings.

Conclusion: The summoning order was upheld and the criminal revision was not entertained.

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