PRAVEEN DUMAR SARAOGI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been moved on behalf of the applicant with the prayer to quash the complaint in question and also to set aside the order of issuing non-bailable warrant against the applicant passed by the Special Chief Judicial Magistrate (Economic Offences), Varanasi in Case No. 25 of 1998 (Union of India v. Vikram Chaudhary and Others) under Section 135 of the Customs Act, 1962 (for short 'the Act'), Police Station D.R.I., Varanasi. This case was listed for hearing on 9-4-2013. On that date learned counsel for the applicant and learned A.G.A. were present but no one was present on behalf of Union of India. Arguments were heard in the case.

(2.) The brief facts of the case are that on 27-2-1998, the Assistant Commissioner of Customs (Preventive), Gorakhpur filed a complaint against one Vikram Chaudhary and Praveen Dumar Saraogi, the applicant, under Section 135 of the Act. The allegation as levelled in the complaint are that on 6-12-1995 the Directorate of Revenue Intelligence, Varanasi received a search information that various foreign origin goods concealed in various containers were kept under a cement bench on platform No. 6 at Mughalsarai Railway Station. It was also informed that silk yarn of foreign origin were to arrive at the same railway station concealed in three holdalls. A surveillance was initiated on the basis of such information and a raid was conducted. The officers of D.R.I., succeeded in nabbing one Vikram Chaudhary with huge amount of foreign goods having their value at Rs, 5,01,040/-. The seized goods and Vikram Chaudhary were brought to the office of D.R.I. The detained person Vikram Chaudhary was examined by the office under Sections 107 and 108 of the Act. In his voluntarily made statement Vikram Chaudhary clearly admitted the time, place and mode of recovery of the seized goods from his possession. He also admitted that silk yarn was delivered to him by one Rajendra Singh, a Constable of G.R.P. and it was to be delivered to the applicant. It was also disclosed that the goods were illegally brought from Nepal. Vikram Chaudhary also stated that he was knowingly operating and indulging in the smuggling activities and he had delivered foreign goods to the applicant four or five times in the past. The applicant was also examined by the officers of the D.R.I., but he denied his connection with the seized goods and also told the officers that he did not know Vikram Chaudhary.

(3.) After filing of the complaint the learned Magistrate took cognizance of the case on 27-2-1998 and on that very day he issued a non-bailable warrant against the applicant fixing 23-3-1998. Feeling aggrieved by such order the present petition has been filed.