LAWS(DLH)-1987-3-70

S K SINHA Vs. S K SHINGAL

Decided On March 05, 1987
S.K.SINHA Appellant
V/S
S.K.SHINGAL Respondents

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr P.C. for quashing the proceedings pending against him before the Metropolitan Magi^lratc under Section 135 of the Customs Act.

(2.) The petitioner stands charged of the aforesaid offence and in pursuance of an application moved by the petitioner under Section 245(2) Cr.P.C. for dropping the proceedings, the learned Magistrate declined to do so on the ground that after charge he has no power to do so. The learned counsel for the petitioner has nothing to say about this order and that is why he has approached this court under Section 482 Cr. P.C. Although I am not sitting as a Revisional Court I must point out that the order of the learned Magistrate in rejecting the application under Section 245 (2) Cr. P.C. is quite legal because there is no power vested in the trial court to dischage an accused person after being charged.

(3.) The facts of the present case are that the adjudication proceedings against the petitioner under the Customs Act were initiated before the Collector of Customs wherein the Collector imposed a fine of Rs. 1,00,000.00 . This fine was reduced to Rs. 10,000.00 by the Board by way of appeal. The petitioner thereafter, went to the Customs, Excise and Gold Control (Appellate) Tribunal, New Delhi and vide its order dated 31-1-1985 his appeal was allowed.