JAGANNATHRAO PUNJAJIRAO PAGAR Vs. DIPAK DUBARI

JUDGEMENT

(1.) THESE are cross-proceeding arising out of an order passed by the Addl. Chief Metropolitan Magistrate on 2nd August, 1982 in a complaint attributing to 7 persons the commission of offences punishable under sections 132 and 135 of the Customs Act, 1962.

(2.) THE complaint before the Magistrate is by an Assistant Collector of Customs, Kandla Free Trade Zone (KFTZ), Gandhidham, Gujarat against two concerns (accused 1 and 5), the alleged partners of accused No. 1, who are arraigned as accused Nos. 2 to 4 and a Customs House Agent (Accused 5) with its officers being accused Nos. 6 and 7. The impugned order arose upon an application moved by Counsel for accused Nos. 5 to 7 seeking the dismissal of the complaint because of various infirmities which disabled the Magistrate from trying the matter. The application was opposed by the complainant and after hearing parties, the Magistrate passed the impugned order. Criminal Revision Application No. 464 of 1982 is against the rejection by the Magistrate of the prayer to dismiss the complaint as against accused No. 5. The contention is that for various reasons the, complaint as against accused No. 5 was not maintainable. The appeal aforementioned is by the complainant taking exception to the dismissal of the complaint vis-a-vis, accused Nos. 2, 4, 5 and 7. Accused No. 3 could not be served and therefore, the prosecution so far as it relates to him is virtually on the dormant file. Complainants grievance is that there was no warrant for holding that the sanction on the basis of which the complaint had been filed did not enable the prosecution of accused Nos. 2, 4, 6 and 7.

(3.) FOR a proper understanding of the issues to be resolved in this order, it is necessary to narrate the background:---