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2008 (7) TMI 416

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....ustoms Act, 1962 (for short 'the Act of 1962') was submitted in the Special Court (Economic offences), Rajasthan, Jaipur which was transferred to the court of Additional Chief Judicial Magistrate (Economic offences), Jodhpur. In the complaint, the petitioner and one Raskhan were arrayed as accused. As per the prosecution case, on 1-3-1992 in the night, the officers of the customs department intercepted one Fiat car at about 5:15 AM (In the Morning of 2-3-1992) and they tried to stop the Vehicle, then instead of stopping the vehicle, the driver increased the speed to run away. The customs officers followed the Fiat car and ultimately stopped that car. In the said car, 4 persons were sitting. Immediately when the car was stopped by the custom....

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...., the trial court reached to the conclusion that the driver respondent had no knowledge that in the vehicle, other persons are carrying contrabands and transporting silver and gold articles illegally. On the basis of the above finding, the trial court discharged the respondent from the charge referred above. However, Raskhan was charged under Section 135(1) of the Act of 1962. 5. The department preferred revision petition before the Court of Sessions Judge which was ultimately dismissed by the learned Additional Sessions Judge No. 1, Jodhpur vide order dated 4-10-2004. Hence, this misc. petition under Section 482 Cr.P.C. 6. Learned Counsel for the petitioner vehemently submitted that the trial court proceeded under wrong assumption and lo....

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....unemployed and engaged for one trip, has been trapped either by the persons who were engaged in the illegal activities or because of his misfortune that he became the driver of these persons. It is submitted that there is no allegation except that he was driver in the vehicle. It is submitted that the driver could not have any knowledge of the articles which were hidden in the vehicle. It is further submitted that the statement of the respondent under Section 108 of the Act of 1962 and the statement of co-accused Raskhan are of same nature and the allegation of the prosecution is that Raskhan also ran from the vehicle, therefore, the allegation against Raskhan were also of being present in the vehicle in which these goods were found. In vie....

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....ate to observe that at the time of framing of the charge, the court is not required to examine as to whether on the basis of the evidence on record, the accused can be convicted or not? 13. It is true that the powers under Section 482, Cr.P.C. are not readily exercised by the High Courts and particularly, when the two courts below have reached to the conclusion that it is not a fit case to proceed against the accused but when the very basis and foundation on the basis of which the courts proceeded appears to be just contrary to the settled legal position and when it appears that the allegations are of grave nature, then to see that justice be done and when dropping of the proceedings is against public interest, then the court can certainly....