KAMALUDDIN MOHD AMIN SIDDIQUE Vs. N E CHAWDA

JUDGEMENT

(1.) THIS is an application by Accused Nos. 1 and 2 to have the prosecution against them quashed on the ground that in a Customs enquiry they have been let off.

(2.) THE brief facts are as follows: On 18th August 1979, the Police Officers of Bhiwandi Police Station accosted the Accused while they were in an Ambassador Car. They were arrested under the Customs Act and a complaint has been filed against them under Sections 135 (1) (a) and 135 (1) (b) punishable under clause (ii) of subsection (1) of Section 135 of the Customs Act. The case has been filed after obtaining a sanction in that behalf on 16th October 1981. In the mean while in the enquiry proceedings held by the customs authorities, the Additional Collector of customs, Bombay, initially imposed a penalty of Rs. 2000/- on each of the Accused. The Accused preferred an Appeal and by an Order dated 11th December 1981, the Order of imiosition of the renalty was set aside and the Appeal was allowed.

(3.) RELYING on this order, the Accused made an application before the learned Magistrate at Bhiwandi for quashing the proceedings. The learned Magistrate by his Order dated 15th February 1985 dismissed the said application. The present application is against the said Order of the learned Magistrate.