2011 (1) TMI 1433

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....n Malhotra, Advocates, for the Respondent. [Judgment] . - By this Revision Petition the petitioner has assailed order dated 1st June, 2010, whereby learned Additional Chief Metropolitan Magistrate (ACMM) discharged the accused. 2. The order of learned ACMM makes interesting reading. The ACMM observed as under : "It may not be necessary to call the sanctioning authority to cl (sic) in t....

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.... facts of the case. A sanctioning authority has to accord sanction for prosecution on the basis of facts placed before it by the department and this much general knowledge and common sense has to be considered available with the learned ACMM, but alas; it was absent. The attitude of ACMM is also surprising. If sanctioning authority has mentioned all the facts before according sanction that is bein....

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....e accused. Except the retracted statement of accused persons recorded under Section 108 of the Customs Act, there is no material brought on record against either of the accused. There is even no investigation on the point how the goods were allegedly exported. Who were the officers posted at the Customs Port at the relevant time when the goods were exported. How the goods were cleared by the Custo....

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....nesses under Section 311 Cr. P.C. during trial and to see that the culprit are punished, the learned ACMM seemed to have acted more like a Clerk than like a Judge and was happy in discharging everybody on the ground that there was no investigation on the point how the goods were allegedly exported, who were the officers posted at Customs Port at the relevant time and what goods were exported. 5....