MAHENDRA VERSHI SHAH Vs. M G JOSHI

JUDGEMENT

(1.) This revision is directed against an order dated 6th May 1997 of Additional Sessions Judge, Junagadh, reversing the order of the Chief Judicial Magistrate, Junagadh, dropping the proceedings against the revisionist and other accused who were being prosecuted under the Customs Act.

(2.) On a complaint filed by the custom authorities 17 persons were to be prosecuted. Proceedings in complaint case were adopted by the learned Chief Judicial Magistrate. Statements u/s 200 and 202 of Cr.P.C. were recorded. At the state of Section 244 of Cr.P.C., the prosecution has examined all the witnesses and it did not propose to examine any other witness beyond last prosecution witness, Akbar Ismail Malik. At that stage application was given by the revisionist that the sanction for prosecution granted by the competent authority is invalid sanction in the eyes of law inasmuch as it is the result of non application of mind and that the entire material placed before the authority was not considered and examined. Such routine sanction was challenged on behalf of the revisionist. It was also challenged that there is no prima facie material against the revisionist to frame charges against him.

(3.) The Chief Judicial Magistrate considered detailed arguments from the two sides and in a lengthy order running into 65 pages concluded that the sanction accorded by the sanctioning authority, namely, the Collector of Customs, Ahmedabad, is illegal and void ab initio. Consequently, he refused to take cognizance of the case and dropped the proceedings against all the 17 accused and they were ordered to be released. Bail bonds submitted by them were cancelled.