GOPALCHAND KHANDELWAL Vs. D R I

JUDGEMENT

(1.) THIS judgment shall dispose of a petition filed under Section 482 cr. P. C. read with Article 227 of the Constitution of India by the petitioner, who has been asked to face trial in a complaint case filed by the respondents under Section 135 (l) (b) of the Customs Act 1962 on the allegations that he along with other co-accused persons was also involved in the smuggling of gold as stated by the co-accused, Mahavir Prasad Khandelwal in his statement recorded under Section 108 of the Customs Act. It is stated that there is no other evidence collected by the respondents to substantiate the allegations against the petitioner of his involvement in this case. As far as the statement made by co-accused under Section 108 of the Customs Act is concerned, it is submitted that the said statement was involuntary and was soon retracted by the co-accused. In fact, the said co-accused has also relied upon the medical report to substantiate his plea that the statement was extracted under duress.

(2.) THE ACMM framed charges under Section 135 (l) (b) of the Customs act on 15. 10. 2001 against the petitioner even though initially he was also sought to be tried under Section 85 (1) of the Gold (Control) Act, 1968 and section 120-B IPC. The aforesaid order of framing charges was challenged by the petitioner by way of a revision petition before an Additional Sessions judge under Section 397 Cr. P. C. but the same has been dismissed vide order dated 28. 10. 2002 and it is against the said order, the present petition has been filed.

(3.) THE petitioner to support his petition and to assail the order of the addl. Sessions Judge has submitted that the impugned order suffers from material infirmity and is liable to be set aside, inter alia, on the following grounds: