KARAMVEER SINGH Vs. RAJESH ARORA AIR CUSTOM OFFICER

JUDGEMENT

(1.) BY the present petition, petitioner has challenged the order dated 25 th November, 2010 passed by the Additional Sessions Judge and prayed for quashing of proceedings pending before the Additional Chief Metropolitan Magistrate in Criminal Complaint No. CC 971/1/02 under Sections 132 and 135 of the Customs Act, 1962 (for short "Act, 1962").

(2.) IT is pertinent to mention that the Additional Chief Metropolitan Magistrate vide order dated 18th March, 2010 had discharged the petitioner on the ground that there was no possibility of conviction even if the prosecution case brought on record remained un-rebutted.

(3.) THE relevant facts of the present case are that the petitioner was intercepted on 26th September, 2001 at the IGI Airport, New Delhi when he along with his mother Smt. Chinta Devi were returning from Hong Kong. During the search of his baggage, 4.160 kg of white medicinal powder, which on chemical analysis was found to be Desxamethasone, was allegedly recovered from the shampoo and talcum powder bottles. According to the petitioner, the CIF value of white powder was Rs. 3,55,680.00 ,while its market value was of Rs. 6,24,000.00.