GIRISH AGRAWAL Vs. UNION OF INDIA THROUGH ASSITANT COMMISSIONER, CUSTOMS (PREVENTIVE), VARANASI AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Gopal Swaroop Chaturvedi, the learned Senior Counsel assisted by Mr. Alok Ranjan Mishra for the applicant and Mr. Sanjay Singh the learned counsel for the opposite party No.2.

(2.) This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 27.3.2018, passed by the Special Chief Judicial Magistrate, Varanasi in Complaint Case No. 941 of 2018 (Union of India Vs. Mahendra Kumar Bajpai and another) under section 135 of the Customs Act as well as the entire proceedings of the aforesaid complaint case.

(3.) From the record, it appears that on 30.1.2018 the Government Railway Police (G.R.P.) was conducting checking on platform nos. 5 and 6 of Mughalsarai Railway Station. At the time the checking was going on, Train No. 2307 (Hawrah Jodhpur Express) arrived on Platform No. 6. One person namely, Mahendra Kumar Bajapai, aged about 37 years son of late Mohan Lal Bajapai alighted from the train. Seeing the large Police Force on the platform, he endeavoured to outwit the police personnel. However, the said Mahendra Kumar Bajapai was nabbed. Upon search, 13 pieces of foreign origin gold bars, a mobile phone and cash to the tune of Rs. 750/- were recovered from his body. Accordingly, the Police party prepared a memo of recovery dated 30.1.2018 (Annexure-2 to the affidavit), and handed over the matter to the Department of Customs.