2023 (1) TMI 309 - HC - Customs

Court quashes remand report in gold smuggling case due to illegal criminal proceedings.

The court allowed the petition to quash the remand report in a criminal case involving alleged smuggling of gold bars at the Chennai International ... Smuggling - Gold Bars - proceedings initiated against the Petitioner under Section 135 of the Customs Act - HELD THAT:- When the case was taken up for hearing, the learned Counsel for the Petitioner seeks indulgence of this Court to call for remarks from the learned Judicial Magistrate No.I, Alandur regarding the pendency of the case in R.R.No.27 of 2014 where the criminal case is said to be pending against the Petitioner. Therefore, the Registry was directed to call for remarks from the learned Judicial Magistrate No.I Alandur regarding the pendency of the case in R.R.No.27 of 2014 in respect of the Petitioner herein/A2. Accordingly, remarks were received from the learned Judicial Magistrate No.1, Alandur stating that since in the year 2019, Special Court for Exclusive Trial of Customs Act was constituted, the case in R.R.No.27/2014 was transferred to the file of the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act, Alandur. In pursuance of the same, by order dated 06.10.2022, the Registry was directed to call for remarks from the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act Cases, Alandur regarding the stage of the case relating to R.R.No.27/2014 in respect of the Petitioner herein/A2 in F.No.DRI/CZU/VIII/48/ENQ-1/INT44/2014 on the file of the Respondent, by e-mail on or before 13.10.2022. Thus, it is evident that even on 17.04.2021, for not taking steps by the complainant to file the complaint, the complaint itself was closed. Therefore, nothing survives for adjudication by this Court. When the complaint itself is not pending, the challenge made by the Petitioner to the remand report had to be allowed. The Criminal Original Petition is allowed. Issues involved:1. Quashing of remand report in a criminal case.2. Legality of maintaining criminal proceedings post setting aside of penalty proceedings.Analysis:1. The petitioner, A-2 in a case registered by the Directorate of Revenue Intelligence, sought to quash the remand report dated 24.09.2014. The case originated from intercepting an individual with smuggled gold bars at the Chennai International Airport. The petitioner was apprehended while allegedly receiving the gold bars. The petitioner argued that since penalty proceedings against him had been set aside on appeal, the criminal proceedings were illegal. The Special Public Prosecutor contended that despite the penalty being set aside, proceedings under Section 135 of the Customs Act were valid. The petitioner claimed no pending proceedings against him. The court directed inquiries to ascertain the status of the case, revealing that the complaint had been closed on 17.04.2021 due to inaction by the complainant. Consequently, as no complaint was pending, the court allowed the petition to quash the remand report.2. The court considered the legality of maintaining criminal proceedings after the penalty proceedings were set aside. The Special Public Prosecutor argued that the criminal case under Section 135 of the Customs Act should continue even after the penalty proceedings were annulled. However, the petitioner contended that as there were no pending proceedings against him, the petition to quash the criminal proceedings should be allowed. The court's detailed scrutiny revealed that the complaint had been closed due to the complainant's inaction. Therefore, the court allowed the Criminal Original Petition, setting aside the remand report as the complaint itself had been closed. Consequently, the connected miscellaneous petition was also closed, bringing an end to the legal proceedings in this matter.