C. PRASAD Vs. SUPERINTENDENT OF CUSTOMS, HPU

JUDGEMENT

(1.) The petition is filed apprehending arrest for the offence punishable under Section 135 of the Customs Act, 1962 [hereinafter referred to as "the Act" for short].

(2.) The facts relevant for the purpose of this petition are as under:

(3.) The petitioners claim that the respondent has no reason to summon the petitioners and to make an enquiry for the offence under Section 135 of the Act as the samples were drawn in the month of April 2009 and the test report dated 13-4-2009 received by the respondent does not reveal any defect in the export material and that the summoning of the petitioners is an abuse of the process of law.