B ESATDMUTHU Vs. ASST COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) Accused 1 and 2 in C. C. No. 29 of 1985 on the file of the Additional Chief Judicial Magistrate, Ernakulam are the petitioners. The petition was filed under S.482 of the Criminal Procedure Code, for quashing an order passed by the Magistrate, invoking the inherent jurisdiction of this Court.

(2.) The Assistant Collector, Central Excise, Trivandrum Division, first respondent in this petition, is the complainant in the above case. The complaint was filed under S.85 read with S.8, 27 and 55 of the Gold (Control) Act. Both the accused are goldsmiths. Inspection of their shop by the Superintendent of Central Excise was on 4-9-1981. As per Ext. P1 mahazar prepared by the Superintendent of Central Excise the accused were found in possession of 1114.150 grams of gold ornaments and primary gold in excess of what is shown in their register. It is in this background that they were prosecuted.

(3.) The prosecution witnesses were examined and both the accused were questioned under S.313 of the Criminal Procedure Code. The accused were called upon to enter their defence and they filed a schedule of 28 witnesses with a petition to examine them. On that petition the Magistrate issued the impugned order dated 3-9-1985, the operative portion of which reads: