NAZEER AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Govind Krishna, learned counsel appearing for the petitioner and Shri Surendra Singh, learned Additional Gov?ernment Advocate representing the State.

(2.) There are in total four accused persons namely, Insaf Ali, Jainullah, Lallah Shah and Abid Hasan, facing trial under Section 135 of the Customs and Excise Act. A mini truck bearing registration No. D.B.L. 6353 carrying goods of foreign origin was detained and the truck along with the goods were seized. The Driver and other persons present in the vehicle gave their statements to the Customs Officer, which have been brought in evidence and marked as exhibits through P.W. 1. It would appear from the order of the learned trial Court (Annexure 2) that petitioner was the owner of the aforesaid truck and the seized goods were loaded in the said truck from his house.

(3.) On a petition being moved by the prosecution under Section 319, Cr.P.C., learned Court below by order dated 23-4-1999 arraigned the petitioner as an accused and issued process against him to face the trial. Pursuant to summons, the petitioner entered appearance and filed a petition to recall the said order. Upon hearing, the learned trial Court accepted the petitioner's prayer and by order dated 16-9-1999 recalled the aforesaid order. Aggrieved thereby the prosecution moved in revision and the learned VIII Additional Sessions Judge quashed the order dated 16-9-1999 and put his seal of approval to the order whereby the petitioner was summoned as accused and it is that order of the revisional Court which is under challenge in the present proceeding.