1979 (1) TMI 116

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....politan Magistrate, 9th Court, Calcutta after setting aside his order dated July 15, 1978. It appears that on 29-6-1974 the Customs Officers of the Divisional Preventive Unit, West Bengal raided the house of the petitioner at 19, Amratolla Lane, Calcutta for recovery of some foreign medicines. The petitioner was not then present. On the following day, the room in question was again searched and so....

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....arned Magistrate was not justified in framing the charge under Section 135(i) (b)(ii) against the petitioner. Certain facts are not in dispute. They are as follows :- 4. The petitioner is a businessman and carries on business under the name and style of Medcom Enterprise at premises No. 35/111, Canning Street, Calcutta. That on search of a room in premises No. 19, Amratolla Lane, certain quanti....

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....goods in the reasonable belief that those were smuggled goods; but there must be something mores in support of such reasonable belief when the court is required to ascertain the position whether there are prima facie materials warranting framing of a charge under Section 135(i)(b)(ii) of the Customs Act. In the present case no such materials is forth coming. Some witnesses examined on the side of ....