JIBAN KRISHNA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 482 read with Sec. 197/401 Cr.P.C for quashing a criminal proceeding being Criminal Misc Case no. 02/97 for alleged commission of offence punishable u/s 135 of Customs Act 1962 now pending before the court of Learned Chief Judicial Magistrate Murshidabad at Behrampur wherein cognizance has been taken vide order dtd. 14/2/2017 and the prayer of the present petitioners for discharge was turned down on 4/3/2017.

(2.) The brief fact of the case is that the present petitioner No.- 1 was posted as ASI no. 678 at GRP, Sealdah in the year 1984 thereafter, in the year 1997 he was transferred GRP, Katwa under Eastern Railway and now he has posted at Barasat Police Station, District North 24 Parganas. Petitioner No.-2 joined arm force as constable in the year 1980, in the year 1994 he was posted at GRP at Katwa, thereafter he was transferred to West Bengal Police in the year 2003. He retired on superannuation on 31/1/2017 while he was posted Champadali TOP under Bhadreswar Police Station District Hooghly.

(3.) On 3/1/1997 Inspector of Customs, Behrampur Customs Preventive Unit apprehended 05 persons from Teesta Torsa train at Kharagpur Rail Station and seized foreign made electronics goods from their possession while they were coming from New Jalpaiguri Station. The present petitioners along with one constable Santosh Kumar karmakar was on duty in Teesta Torsa train at the time from Azimganj Rail Station to Katwa Railstation. Kharagpur Rail Station is the next stoppage after Azimganj junction. 05 apprehended persons were taken into custody by the Custom Authority vide seizure case no. 1/Imp/CL/BCPU/1997 dtd. 3/1/1997.