AIR CUSTOMS Vs. STATE

JUDGEMENT

(1.) CRL.MA. No.16799/2010 (delay) For the reasons explained, delay of 20 days stands condoned. Criminal M.A. stands disposed of. CRL.REV. P.No.694/2010 By the present revision petition, petitioner has assailed the order dated 28.06.2010 passed by ld. ACMM; New Delhi whereby the case of the petitioner bearing CC No.110/1/03 titled as `Custom vs. Iqbal Ali' was dismissed for non-prosecution.

(2.) LEARNED counsel for the petitioner submits that department filed the complaint for the offence punishable under Section 132/135(1) (a) of the Customs Act, 1962 against the respondent No.2 way back in the year 2003. Thereafter, cognizance of the offence was taken by the ld.Trial Court.

(3.) LD. counsel for the petitioner submits that ld.ACMM; New Delhi has totally gone wrong in dismissing the complaint on the ground that complainant failed to take the steps for publication of process under Section 82 Cr.P.C.