ROHIT AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. This application under Section 482, Cr. P. C. has been filed for quashing the proceedings in Criminal Case No. 1126 of 1991; Union of India v. Rajbir Singh and others, under Section 135, Customs Act (hereinafter referred to as the Act), sending in the Court of Special Judicial Magistrate (Economic Offences), Allahabad. A complaint under Sectionl35 of the Act has been filed against the applicant in which notices have been issued to the applicant by the Court of Special C. J. M. (Economic Offence), Allahabad. A copy of the complaint, summoning order dated 6. 5. 1991 and recovery-cum-seizure memo has been filed by the applicant. A perusal of the complaint shows that a tanker bearing registration No. UTS 751 was intercepted on 21. 12. 90 by the custom authorities and on the checking foreign goods of value of Rs. 2,40,222/- was recovered from the said tanker. The driver and another person of the said tanker escaped and could not be arrested. One person, Rajbir Singh, was arrested by the Custom Officer. The statement of Rajbir Singh was recorded under Sections 107 and 108 of the Act by the Custom Officer. The applicant, Rohit Agarwal, is owner of the tanker and Rajbir Singh stated that the foreign goods seized from the tanker in question belonged to the applicant, Rohit Agarwal.

(2.) THE present application under Section 482, Cr. P. C. has been filed on the ground that the prosecution of the applicant under Section 135 of the Act proceeding before the court of Special Judicial Magistrate (Economic Offences), Allahabad cannot legally proceed for want of any admissible evidence against the applicant. It is stated that mere statement of Rajbir Singh who is co-accused arrayed in the case is not admissible in evidence. As such, the proceedings in the complaint is nothing but an abuse of the process of the court and the complaint also makes out no case under Section 135 of the Act against the applicant. THE applicant has also filed copies of the statement of Vijay Kumar, Manager of Sanjay Transport Company, recorded by the Custom Officer to show that the transport company had sent tanker for transportation of molases from Bisalpur to Majhola. THE tanker was being driven by one, Nayeem.