CHIRAMITH PRECISION Vs. DY COMMR OF CUSTOMS

JUDGEMENT

(1.) THIS Criminal Petition by the accused filed under Section 482 Cr. P. C. , praying the Court for quashing the proceedings in C. C. No. 87/2001 on the file of the i Addl. C. J. M. , Mangalore, wherein the process had been ordered against the petitioners for offence under Section 135 of the customs Act on the complaint submitted by the respondent herein under Section 200 cr. P. C. , challenging the legality and validity of the proceedings impugned.

(2.) THE Court has heard the arguments of Sri Mohammad All, the learned counsel appearing on behalf of the petitioners and smt. Shireen Zafrullah, the Addl. Central government Standing Counsel.

(3.) THE learned Counsel for the petitioners, strenuously contended that the material on record clearly shows that the entire proceedings impugned before this Court are illegal and improper. The complainant was not at all Justified in filing the complaint before the learned Magistrate. He also contends that the fact finding authority i. e. , the tribunal constituted under the provisions of the Customs Act, after a detailed enquiry, had set aside the order of the Commissioner of Customs, wherein the Commissioner had imposed duty and also penalty in respect of the contravention of the provisions of Customs Act. The learned counsel also contends that in view of the findings of the tribunal, which is the fact finding authority, the learned Magistrate was not at all justified in taking cognizance of the case against the accused.