2016 (9) TMI 875

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....isionists under Section 135 of Customs Act, 1962 (hereinafter referred to as "Act, 1962"). 3. Brief facts are that a complaint case was filed by Sri B. Prasad, Assistant Commissioner (Customs), Varanasi in the Court of SCJM after obtaining necessary sanction vide order dated 12.09.2000 from Commissioner of Customs, Lucknow under Section 137 (1) of Act, 1962, stating that on 16.02.2000 Customs Officers raided godown of M/s Patel Roadways on the basis of a specific information. Vijay Kumar Yadav, an employee of aforesaid Transport Company, was present there, who produced the key of godown to Officers. Search of godown was conducted in his presence as well as two independent witnesses, which resulted in recovery of 12 bales Chinese silk yar....

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.... stated that he was engaged in twisting of silk yarn on job work basis. He further denied any link with Vinod Singh and Sona Sah. Raj Kumar Patel appeared on 09.05.2000 and admitted to be 'Proprietor' of 'Patel Roadways' but stated that it appears that Vijay Kumar used to keep illegal goods in the godown of Company without his knowledge and he denied extra payment of Rs. 5000/- per month to Vijay Kumar, apart from monthly salary. He denied his involvement in smuggling activities in any manner. 6. Summons dated 15.03.2000 issued to Sona Sah, returned back undelivered, where after he was again summoned on 04.04.2000 but this time also summons returned back undelivered. Thereafter, stating that records and circumstances reve....

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....the basis of complaint made by a Public Servant, i.e., Assistant Commissioner (Customs), Varanasi alleging that accused-revisionists have committed an offence under Section 135 of Act, 1962, Magistrate has summoned revisionists against whom allegations have been made in the compliant that these are the persons who have committed offence under Section 135 of Act, 1962. In order to form opinion, prima facie, at this stage, Magistrate is supposed to look into the allegations contained in the complaint and the material placed along with it which in the present case include seizure memo, confessional statement of Vijay Kumar as well as statements of accused-revisionists which have been looked into by Magistrate and thereafter it has formed an op....

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....e and it was sought to be recalled by filing application before Magistrate contending that on the same allegations, adjudication proceedings were already dropped and Radheshyam Kejriwal was exonerated, hence his continued prosecution is an abuse of process of Court. This application was rejected by Magistrate and revision before High Court also failed, hence matter went to Supreme Court but the Court refused to interfere. 12. In the present case, that stage has not come inasmuch accused-revisionists have yet to appear before Magistrate and to plead their defence in one or other manner. 13. Another judgment relied on is State Vs. Mushtaq Ahmad and others 2016 (1) SCC 315, but that has arisen from a regular Trial. Trial Court convicted ....