COMMISSIONER OF CUSTOMS Vs. SETH INTERNATIONAL

JUDGEMENT

(1.) The petitioner is complainant in C.C. No. 105/1997 registered for the offences punishable under Ss. 114 and 135 of the Customs Act. In all, there were nine accused. The Trial Court, after issuing process, was not able to secure accused Nos. 3 and 8. Therefore, non -bailable warrants were issued from time to time, however, without any useful result.

(2.) On 19 -8 -2005, the complainant and counsel for complainant were absent. The Trial Court dismissed the complaint for absence of complainant and counsel for complainant. The Trial Court was not in a position to secure accused Nos. 3 and 8. Therefore, case against accused Nos. 3 and 8 was separated. In the circumstances, the Trial Court should have called upon the complainant to adduce evidence. Instead, the Trial Court closed the case and cancelled bail bonds of accused Nos. 1, 2, 4, 5, 6, 7 and 9. The procedure adopted by the Trial Court is contrary to the provisions for trial of warrant cases instituted otherwise than upon a police report under Criminal Procedure Code.

(3.) In the circumstances, the impugned order cannot be sustained. The petition is accepted. The Trial Court is directed to restore the complaint against the respondents. The Trial Court shall proceed with the case in respect of available accused. The learned counsel submits that Respondent No. 6 herein namely, S.D. Kini is dead. If that is so, learned counsel for accused can report the same to the Trial Court for appropriate orders.