ASSISTANT COMMISSIONER OF CUSTOMS Vs. S.GANESAN

JUDGEMENT

(1.) This Criminal Revision is filed by the Assistant Commissioner of Customs, Prosecution Unit, Air Cargo Commissionerate, New Custom House, Chennai - 600 016, against the order of the Learned Judicial Magistrate, Special Court for Customs, Alandur, dtd. 20/4/2021 in Crl.M.P.No.55 of 2020, in and by which, the application filed by the petitioner, in which, the respondent is the first accused in un-numbered C.C.No. of 2019, arising out of in R.R.No.8 of 2015 in F.No.DRI/ CZU/VII/48/Enq.-01/Int-11/2015, in O.S.No.08/2017-INT-AIR, was allowed and thereby, dropping the proceedings against the accused No.1/respondent, in this case.

(2.) For the sake of convenience, the petitioner is referred to as the Complainant and the respondent is referred to as Accused No. 1, as per their ranks arrayed before the Court below.

(3.) The gist of the allegations made in the complaint is that the third and fourth accused, in the guise of importing electronic goods viz., mobile phones etc., had actually smuggled gold bars, inside the cartons and the first accused, who is running a security agency, authorized by the Airports Authority of India, with full knowledge of the said illegality, through his employees viz., the second accused/K.Francis and the fifth accused/P.Karunanithi, had help in bringing the gold bars in the cover of mobile phones from the Cargo shed inside the Airport out of the customs frontier and thus all the accused have colluded, conspired and committed the offenses punishable under Sec. 132, 135 of Customs Act, 1962 and therefore, the private complaint was filed.