ASRAFUL HODA Vs. ARUN SAHOO

JUDGEMENT

(1.) The hearing stems from twin applications under section 482 Cr.P.C. being C.R.R. No. 1344/95 and C.R.R. No. 1673/95 filed by the petitioners Asraful Hoda and Kamal Kishore Chaddha respectively praying for quashing the proceeding of Case No. C-333/81 under sections 135A, 132 and 135(l)(a) of the Customs Act, 1962, pending in the Court of learned Chief Judicial Magistrate, 24-Parganas (South), Alipore.

(2.) O.P. No. 1 filed a complaint in the Court of learned Chief Judicial Magistrate, 24-Parganas (South), Alipore, inter alia, alleging that one Kamal Kishore Chaddha (petitioner of C.R.R. No. 1673/95) in collusion with his associates Bijoy Kumar Mishra, partner of M/s. Crown Enterprise and Exporting Firm, Nand Kishore Agarwalla, Mangal Chand Bhandari, Asraful Hoda (petitioner of C.R.R. No. 1344/95), Aravinda Chaddha and others hatched up a conspiracy in the early part of 1980 to smuggle out huge quantity of snake skins from India through Road Line Customs Station Petrapole at Bangaon to Bangladesh and therefrom to European countries. After detection of smuggling of snake skins, the driver and khalasi of the truck who were trying to take away the said snake skins along with fresh fruits to Bangladesh, were apprehended by the Customs authorities, and a case being No. C-132/80 was filed in the Court of learned Sub-divisional Judicial Magistrate, Bangaon. Over the self-same matter, after completion of the investigation/enquiry, a complaint was filed first before the Court of learned Chief Metropolitan Magistrate, Calcutta and subsequently before the Court of learned Chief Judicial Magistrate, 24-Parganas (South), Alipore. On the prayer of O.P. No. 1 the accused persons were, however, discharged from the cases pending before the Court of learned Sub-divisional Judicial Magistrate, Bangaon and learned Chief Metropolitan Magistrate, Calcutta with a direction to appear before the Court of learned Chief Judicial Magistrate, 24-Parganas (South), Alipore.

(3.) Out of 37 witnesses the prosecution could examine only 13 witnesses before framing of charge, and the prosecution evidence was closed by the learned Chief Judicial Magistrate, 24-Parganas (South), Alipore vide order dated 22.9.92, and charge under the aforesaid provisions of the Customs Act was framed against the petitioner and others on 15.5.95.