JAGMOHAN JINDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 1. This is an application under section 482 of the Code of Criminal Procedure filed at the instance of one Jagmohan Jindal, petitioner herein, seeking for quashing of the proceeding in compliant case C/ 833/1997 under sections 132/135(a)(b)(i) of the Customs Act, 1962 pending before the Court of the ld. Chief Judicial Magistrate. Alipore.

(2.) The short facts leading to the filing of this application are as under : In or about 1984, the present petitioner was introduced to one Mr. Shah who claimed that he had a manufacturing unit for manufacturing Video Cassettes at Jamnagar under the name and style of M/s. Chinar Electronics. In course of discussion, the aforesaid Mr. Shah told that he was facing financial difficulties and requested the present petitioner to arrange for some finance in return he also assured that petitioner would receive good returns. The petitioner made enquiries with regard to the promise made by Mr. Shah and he considered it to be profitable. The petitioner, thereafter, agreed to advance the aforesaid loan to Mr. Shah as per the terms and conditions agreed upon by them.

(3.) On 8th August, 1985 the Customs Authorities carried out a search at the petitioner's place at premises No. 504, Poonam Apartments, Worli, Bombay and in course of said search two envelopes containing photocopies of invoices and bill of lading as regards shipment of 469 cartons containing 1875 dozens of video cassettes without spools and 352 cartons containing 1403 boxes of video tapes were found.