UNION OF INDIA Vs. SUSHANTA KARMAKAR

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the order dtd. 5/4/2018 read with order dtd. 5/12/2018 passed in Complaint Case No. 1108 of 2016 arising out of Seizure Case No. 1/Seizure/CL/IMP/CUS/GD/2016 dtd. 22/9/2016 under Sec. 110 of Customs Act, 1962 for the offence punishable under Sec. 135 1(b)(ii) of the Customs Act, 1962 pending before the learned Chief Judicial Magistrate, Krishnanagar, Nadia.

(2.) The petitioner's case is that the petitioner is a public servant and is duly authorized to file this petition before this Hon'ble Court as per provisions of law and has preferred this application against the order dtd. 5/4/2018 read with order dtd. 5/12/2018 passed in Complaint Case No. 1108 of 2016 by the learned Chief Judicial Magistrate, Krishnanagar, Nadia wherein the learned Court was pleased to pass the order stating inter alia, ".....that the seized articles in connection with the case be returned to the accused on furnishing a bond of Rs.1.00 Crore and on further conditions that the accused will be liable to produce such articles before the Court as and when called for by the Court. It is also clarified that the accused will not dispose the article till the final disposal of the case".

(3.) Mr. K.K. Maiti, learned counsel for the petitioner has submitted that the above case has arisen out of the following facts :-