DEPARTMENT OF CUSTOMS Vs. LOKESH GARG

JUDGEMENT

(1.) In this petition, quashing of order of 13th February, 2013 is sought on the ground that respondent's detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is no ground for recalling of proceedings under Section 83 of Cr.P.C. Upon notice of this petition, counsel for respondent had appeared on 28th March, 2014 and again on 27th May, 2014 but thereafter, on the last two dates of hearing, none had appeared on behalf of respondent. Even today, on third call in post-lunch session, none appears on behalf of respondent.

(2.) In the aforesaid background, petitioner's counsel has been heard and impugned order as well as orders of 13th September, 2012 and 9th January, 2013 have been perused. Merely because respondent-accused has been detained under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 would not be a ground for dropping of the proceedings under Section 83 of Cr.P.C. During the course of hearing, it was informed that even period of detention of accused under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is over and respondent-accused is absconding. So, passing of the impugned order is wholly unjustified.

(3.) This petition is disposed of while quashing the impugned order. Let trial Court revive proceedings under Section 83 of Cr.P.C. against respondent-accused.