DIRECTORATE OF REVENUE INTELLIGENCE Vs. KANWARJIT SINGH

JUDGEMENT

(1.) .This is a revision petition under Sections 397/401 of the Code of Criminal Procedure (in short the `Code ?T) for setting aside the order of ACMM dated 8.12.1998.

(2.) The facts of the case are as under: On 6.1.1988 the officers of the Directorate of Revenue Intelligence (in short `DRI'), Delhi intercepted the truck bearing No.DIL-1677 at Kundli on Delhi-Haryana border and the truck and the occupants thereof were escorted to the office complex of the DRI where the search of the truck resulted in recovery of 520 gold biscuits worth Rs.2.12 crores. After the conclusion of inquiry under Section 108 of the Customs Act and completion of investigation a complaint for offence under Section 135(1)(b) of the Customs Act, 1962 and Section 85(1)(a) of the Gold (Control) Act, 1968 was filed. The respondent No.1, Kanwarjit Singh, was declared a proclaimed offender on 2.4.1990. During the pendency of the proceedings before the ACMM, New Delhi a petition before the Punjab and Haryana High Court being Crl.Misc.No.350/93 was filed which was decided on 20.10.1993 holding therein that the ACMM, New Delhi did not have the jurisdiction to take cognizance of the offence committed at Kundli within the State of Haryana. The DRI was restrained from giving effect to the warrants of arrest issued against respondent No.1 by the ACMM, New Delhi. It was, however, ordered that the order would not debar the DRI from seeking legal remedies against the petitioner (respondent No.1 herein) before the proper forum. This judgment was challenged before the Hon'ble Supreme Court. However, the Special Leave Petition was dismissed vide an order dated 6.5.1996. A review petition was also dismissed vide an order dated 15.1.1997. Thereafter the DRI moved an application on 26.6.1997 before the ACMM praying for appropriate orders in view of the judgment of the High Court of Punjab & Haryana. Respondent No.2, Virsa Singh, also obtained a similar order from the Punjab & Haryana High Court in Crl.Misc.No.7603-M/95 on 25.7.1997. The Special Leave Petition over this order was dismissed as withdrawn. The respondent Nos.1 & 2 moved the ACMM for dropping the proceedings in view of the judgment of the Punjab & Haryana High Court. The petitions of the DRI as well as of the accused were decided on 8.12.1998 by the impugned order. In view of the judgment of the Punjab & Haryana High Court which had attained finality, the ACMM directed that the proceedings against Kanwarjit Singh and Visra Singh had already been dropped by the Punjab & Haryana High Court and, therefore, they were discharged. The application of the DRI for direction was dismissed.

(3.) It is contended in the application that the ACMM made a mistake in appreciating the judgment of the Punjab & Haryana High Court and that she committed an error in dismissing the application of the DRI. It is contended that the ACMM should have returned the complaint with all documents and annexures for presentation of the same before the court of competent jurisdiction. It is further pointed out that although these two respondents, namely, Kanwarjit Singh and Visra Singh, were discharged, no orders were made in respect of other accused in the case and the proceedings continued as against them.