Special summary-trial procedure under the Customs Act prevails over general criminal procedure, making the Magistrate's charges unsustainable.

The Customs Act's special procedure for summary trial prevailed over the general procedure in the Code of Criminal Procedure for an offence under Section 135(1)(b)(ii). Because the statute permitted summary trial notwithstanding the ordinary criminal procedure, the Magistrate's framing of charges in the adopted manner was not sustainable. The proceedings and charges were accordingly quashed, and the matter was directed to be tried de novo in summary form.

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Issues: Whether the proceedings for the offence under Section 135(1)(b)(ii) of the Customs Act, 1962 could be tried summarily and whether the charges framed by the Magistrate were liable to be quashed.

Analysis: The offence alleged was one punishable under the Customs Act and the special statute itself contained a provision enabling summary trial notwithstanding the general procedure in the Code of Criminal Procedure. The Court held that the special procedure under the Customs Act prevailed and that the case could be dealt with as a summary trial under the Code provisions applicable to such trials. On that basis, the framing of charges in the manner adopted by the Magistrate was not sustainable.

Conclusion: The proceedings and the charges framed by the trial court were quashed, and the matter was directed to be tried de novo summarily.

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