ABDUL WAHAB Vs. DEPUTY COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE second accused in C. C. No. 22 of 2001 on the file of the Additional Chief Judicial Magistrate (Economic Offences) Ernakulam is the revision petitioner in this Criminal Revision Petition. This Crl. Revision petition is filed challenging an order passed by the Additional Chief Judicial magistrate dismissing the petition filed by the revision petitioner pleading discharge under S. 245 (1) Cr. P. C. THE short facts necessary for the disposal of the Crl. Revision Petition areas follows:

(2.) THE first accused in the case imported a car purporting to be a 3200 cc Mercedez Benz Car Model S. 320 from Dubai by Airway Bill No. 098 7307 5693 dated 12-1-199 8. M/s. Navabharath Enterprises was engaged for clearing the cargo. THEy filed a bill of entry M 374 for clearance, of Model S-320 Mercedez Benz Car. Reliable information was received by the Intelligence Officer of Directorate Revenue intelligence to the effect that the documents produced for clearance of the vehicle were forged. THE officer of Directorate of Revenue Intelligence intercepted the vehicle, at Air Cargo Complex, Thiruvananthapuram on 11-2-199 8. THE chassis number stated in the documents tallied with the chassis number inscribed in the vehicle. THE engine number given in the document was No. 10499422037783 but the number found in the engine was R 1040162406. THE statement of the first accused was recorded by the Senior Intelligence Officer. One Ali Mubarak appeared before the Officer voluntarily. His statement was recorded on 16-2-1998.

(3.) HEARD Sri B. Raman Pillai, the learned counsel appearing for the petitioner, Sri, John Varghese, Assistant Solicitor General for the first respondent and Sri K. Ravikumar, the learned Public Prosecutor appearing for the second respondent.