TaxTMI 
TaxTMI 
2025 (6) TMI 1290
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....tioner is the second accused in C.C.No.569 of 2023 facing the case for the offences under Sections 135(1)(a) and 135(1)(b) of the Customs Act, 1962. 3. The case of the prosecution is that on 04.03.2020, the Directorate of Revenue Intelligence, Coimbatore Regional Unit received a credible information from one S.Mahesh, Airport Manager of M/s Spice Jet Limited, Madurai which indicated that one of their staff members A.Marimuthu - first accused for facilitating a syndicate involved in the smuggling of foreign origin gold bars into India, that the said accused Marimuthu had collected the smuggled gold from a passenger who arrived on Spice Jet Flight No.SG 24 from Dubai to Madurai on 04.03.2020 and concealed the same in the drawer of the HR t....
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....igation of the respondent clearly establishes the role of the petitioner as the key carrier who physically smuggled and delivered the contraband gold into India. 4. The respondent has then filed a complaint against the accused including the petitioner and the case was taken on file in C.C.No.569 of 2023, on the file of the Additional Chief Judicial Magistrate Court, Madurai. During pre-charge evidence, the prosecution has examined 5 witnesses as P.W.1 to P.W.5 and exhibited 15 documents as Exs.P.1 to P.15 and thereafter closed their side evidence. When the case was pending for framing of charges, the second accused invoking Section 245(2)(1) Cr.P.C., has filed the above petition seeking discharge from the above case. 5. The case of th....
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....d after marshalling the substantive evidence altogether available before the trial Court, that the petitioner himself has voluntarily given statement before the customs officers under Section 108 of the Customs Act and the same is admissible in evidence and clearly admitted the guilt and he is having involvement in the above case, that the said statement was marked as Exs.P.10 and P.11 through P.W.3 and that therefore, the petition is liable to be dismissed. 7. Before entering into further discussion, it is necessary to refer the judgment of Hon'ble Supreme Court in the State of Inspector of Police, Chennai Vs. S.Selvi and another reported in (2018) 13 SCC 45). "7. It is well settled by this Court in catena of judgments incl....
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....basic infirmities appearing in the case and so on. This however does not mean that the Judge should make a roving enquiry into the pros and cons of the mater and weigh the materials as if he was conducting a trial." 8. It is settled law that at the stage of framing charge, the Court has to prima facie consider whether there is sufficient ground for proceeding against the accused and the Court is not required to appreciate evidence to conclude whether the materials produced are sufficient or not for convicting the accused. 9. It is also settled law that while considering an application seeking discharge from a case, the Court is not expected to go deep of the probative value of the material on record, but on the other hand, the Court h....
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..... In the present case, as already pointed out, the main reason advanced is that the confession of the first accused available in the case on hand cannot be used against the petitioner and that the suspicion is only mere suspicion and there is not even strong suspicion available. As already pointed out, the prosecution has examined 5 witnesses as P.W.1 to P.W.5 and exhibited 15 documents. According to the prosecution, the petitioner herein has given two confession statements which came to be exhibited as Exs.P.9 and P.10 through P.W.3. It is the specific case of the prosecution that the first accused as well as the petitioner were summoned under Section 108 of the Customs Act and after appearance, they have given statements admitting their i....