SUDARSHAN LOHIA Vs. UOI

JUDGEMENT

(1.) The petitioner who has been arrayed as accused No. 2 in complaint case No. VIII-(Law)/Cus/174/98 pending before the ACMM Patiala House, New Delhi filed under Section 132/135(1)(a) of the Customs Act seeks quashing of the order dated 02.09.1998, taking cognizance on the aforesaid complaint against him on the ground, that the said complaint is not only barred by time but is also not maintainable qua him as there is no evidence admissible in law which may result in his conviction. It is, thus, prayed that proceedings in that case against the petitioner be quashed by exercising powers of this Court under Section 482 of the Cr.P.C. as the trial of the petitioner in that case without there being any evidence against him would tantamount to abuse of the process of the Court

(2.) Briefly stating, the facts giving rise to the filing of this petition are:

(3.) The petitioner submits that the aforesaid complaint and the order of cognizance needs to be quashed, inter alia, on the following grounds: