D. SRINIVASA RAO Vs. ASSTT. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This revision arises against the order of learned Additional Chief Metropolitan Magistrate (E.O-I) Court, Egmore, Chennai, passed in M.P. No. 814 of 2010 in E.O.C.C.No.24 of 2008 on 13-7-2010.

(2.) Petitioners face prosecution for offences under section 132 and 135(1)(a), (b) and (c) of the Customs Act, 1962 r/w Foreign Trade (Development and Regulation) Act, 1962 r/w Schedule-1 of the Wild Life (Protection) Act, 1972, in case being tried in E.O.C.C. No. 24 of 2008 on the file of learned Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Chennai. Prosecution case is that petitioners sought to illegally export red sanders in artifact form. Petitioners moved M.P. No. 814 of 2010 in E.O.C.C. No. 24 of 2008 seeking discharge, which came to be dismissed under the impugned order. Hence, this revision.

(3.) Heard learned counsel for petitioners and learned Special Public Prosecutor [Customs].