JASWANT SINGH Vs. M PARKASH

JUDGEMENT

(1.) The petitioner has come up with the grievance that the complaint filed by him in his official capacity was dismissed by the trial Court by a non-judicial order. It is submitted that the petition filed under section 435 against the order of the Addl. Chief Judicial Magistrate who had dismssed the complaint on the 15th of December, 1972 is also illegal.

(2.) The complaint was filed by Shri Jaswant Singh Assistant Collector, Customs and Central Excise Revenue under section 135 of the Customs Act. It was alleged in paragraph 3 of the complaint that on the 2nd of April, 1970 the Custom Officials had searched the premises of M/s. New Man's Store, 44-A, Chandni Chowk, Delhi and had recovered articles valued at Rs. 4000.00. The goods recovered were mentioned in annexure 'B' filed alongwith the complaint, 0m Parkash proprietor of the firm was asked to produce any evidence showing that he had lawfully purchased or acquired or imported the articles found in his possession. In paragraph 6 the complaint, stated :-

(3.) I find that the learned Addl. Sessions Judge did not apply his mind to this aspect of the case. The orders passed by the Courts below suffer from arbitrariness. The same are hereby set aside. The parties are directed to appear before the trial Court on the 12th of April, 1974. The complainant will be given the opportunity to produce the relevant notifications covering the articles seized OH the 2nd of- April, 1970. The trial Court will go through each one of the notifications and will decipher for itself as to which one of the articles is covered by any part of the notifications. The complainant may be able to make out a case either in respect of all the articles seized or in respect of some of them. All these aspects will be borne in mind. The trial Court will apply the mind afresh. I am told that Shri T. S. oberoi is now functioning as the Add. Chief Judicial Magistrate, New Delhi. The parties will appear before him on the 12th of April, 1974 With these observations, the petition is disposed of.