https://www.taxtmi.com/caselaws?id=244048 A complaint under Section 135 of the Customs Act was not quashed because the prosecution relied on a co-accused's statement recorded under Sections 107 and 108, which implicated the applicant and supported the case at the quashing stage. The proceedings were therefore allowed to continue. However, the immediate issuance of a non-bailable warrant on the first date of cognizance was held unjustified. Although process may issue at an initial stage, that power is controlled by the scheme of Section 87 CrPC, and summons should ordinarily precede a warrant unless genuine grounds exist for departure. The warrant was accordingly set aside and quashed. en-us Thu, 09 May 2013 00:00:00 +0530 Mon, 17 Feb 2014 19:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244048 A complaint under Section 135 of the Customs Act was not quashed because the prosecution relied on a co-accused's statement recorded under Sections 107 and 108, which implicated the applicant and supported the case at the quashing stage. The proceedings were therefore allowed to continue. However, the immediate issuance of a non-bailable warrant on the first date of cognizance was held unjustified. Although process may issue at an initial stage, that power is controlled by the scheme of Section 87 CrPC, and summons should ordinarily precede a warrant unless genuine grounds exist for departure. The warrant was accordingly set aside and quashed. Case-Laws Customs Thu, 09 May 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244048