SHANTI SWARUP Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE petitioner is the 8th accused in C.C. 985 of 1986 on the file of the Additional Chief Metropolitan Magistrate (E.O.I.), Madras. This is a petition under Section 482 Cr. P.C. praying for a direction to the Special Public Prosecutor, not to conduct the prosecution in C.C. 985 of 1986, before the Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Madras.

(2.) ACCORDING to the petition the Collector of Customs, Madras, has filed a private complaint under Section 6 of the Imports and Exports (Control) Act, 1947 in C.C. 985 of 1986 before the Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Madras against the petitioner, and 9 others alleging that they had committed the offences under Section 122B read with Section 420 read with S. 511 I.P.C. Sections 468, 471 read with S. 468, I.P.C. and Section 5(a) of the Imports and Exports (Control) Act, 1947 and Section 135(1)(a)(ii) of the Customs Act, 1962. The petitioner filed a petition before the said Court praying that the prosecution in a private complaint should not be conducted by the Public Prosecutor since the final report of the C.B.I, investigation with regard to the same case had not been submitted to the court. That petition was returned to the petitioner stating that separate petition should be filed for each remedy. After returning the petition the court directed the prosecution to examine the witnesses and 22 witnesses had been examined and the cross-examination of all those witnesses on behalf of the petitioner has been deferred.

(3.) FROM the above decision it is clear that there is no provision for investigation under the Customs Act, 1962.