(1.) The Petitioner original Accused No. 1 seeks to challenge the issue of process against him in a criminal case filed by Respondent No. 1 Assistant Collector of Customs, Bombay for violation of the provisions of the Customs Act, 1962 .
(2.) The Petitioner is the owner of a shipping vessel Al Ebrahimi' duly registered as a country craft M.S.V. Al Ebrahimi'. The said vessel is used by him for exporting commodities to Middle-East countries and importing products from those countries into India. For the said purpose he has engaged the services of a Tindel and few Khalassis to run the vessel. The Petitioner himself never goes on board the ship for either export or import.
(3.) On 26th January, 1987 the said vessel came to be detained and searched by the Customs Authorities. Along with the other goods some contraband gold quantity was found from the engine room wall concealed in seven cloth belts. In these circumstances, the vessel came to be seized as also the contraband gold. The Petitioner, his Tindel and his Khalassis were arrested.