TaxTMI 
TaxTMI 
2014 (2) TMI 643
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....of the Customs Act, 1962 (for short 'the Act'), Police Station D.R.I., Varanasi. 2. This case was listed for hearing on 9-4-2013. On that date learned counsel for the applicant and learned A.G.A. were present but no one was present on behalf of Union of India. Arguments were heard in the case. 3. The brief facts of the case are that on 27-2-1998, the Assistant Commissioner of Customs (Preventive), Gorakhpur filed a complaint against one Vikram Chaudhary and Praveen Dumar Saraogi, the applicant, under Section 135 of the Act. The allegation as levelled in the complaint are that on 6-12-1995 the Directorate of Revenue Intelligence, Varanasi received a search information that various foreign origin goods concealed in various contain....
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....ainst the applicant fixing 23-3-1998. Feeling aggrieved by such order the present petition has been filed. 5. It has been submitted from the side of the applicant that there is no evidence against him except the statement of co-accused which cannot be relied upon against the applicant. It has further been submitted that the complaint was filed in the court of learned Magistrate on 27-2-1998. The learned Magistrate outrightly issued non-bailable warrant against the applicant which is against the spirit and provisions of law. It has also been submitted that in the past the customs authorities have searched the house of the applicant but nothing incriminating was found from his residence. It has also been argued that learned Magistrate c....
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....cused, the same can be read against the co-accused. 9. In the above set of circumstances, I find that there is nothing on the record in favour of the applicant on the basis of which the complaint filed against him also under Section 135 of the Act may be quashed and set aside. Therefore, such prayer is rejected. 10. Further from perusal of the ordersheet dated 27-2-1998 it is evident that the learned Magistrate issued warrant on the first date of the case. It is true that under Section 204 of Cr. P.C. a Magistrate can issue a non-bailable warrant on the very first date if he is of the opinion that a case before him is a warrant case but such power is not limitless keeping in view the provisions as contained under Section 87 of t....