A MOHAMMED Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS Criminal Revision Case has been filed against the order of dismissal by the Additional Chief Metropolitan Magistrate (E. O. II), Egmore, Chennai, passed in the discharge petition filed in Crl. M. P. No. 890 of 2004 under Section 239 Cr. P. C. , in C. C. No. 78 of 1998, dated 24. 9. 2004.

(2.) THE brief facts of the case are as follows:-

(3.) MR. B. Kumar, learned Senior Counsel appearing for the revision petitioner would contend that there is absolutely no evidence to rope in this petitioner as accused in this case on the following grounds. The two statements recorded from the petitioner on 7. 4. 1993 and 21. 4. 1993 are fully exculpatory in nature and the petitioner has never admitted that he has contravened the Customs Act in respect of seizure of sandalwood logs/billets and the peacock feathers from two containers at the Harbour. As regards the phone call made by him to A. 5's residence when the search was going on, and when the petitioner was questioned, he has stated that he heard in the trade circle that A. 5 has got certain problems with the Customs Authorities and out of curiosity, he made phone call and this would show no significance could be attributed to the petitioner for his phoning to Kannan's residence. In both the statements, he has spoken only about his dealing with musical parts made out of red sander woods. There is no seizure of any red sander wood from the two containers, nor allegation that red sanders wood is sought to be smuggled in the container.