NITAI CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioners praying for quashing of Charge-sheet being no. 220/13 dated 21st June, 2013 including the order of taking cognizance on dated 16th February, 2015 in connection with the criminal proceedings being G.R. Case No.2034 of 2010 under Sections 384/411/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad.

(2.) Before dealing with the rival submissions of the parties, it would be appropriate to set out the facts briefly.

(3.) The petitioners were the officials of Customs Department, Jangipur, Murshidabad at the material point of time. The Additional Commissioner of Customs by a circular being No. VIII (48)04/CUS/P/WB/Tech/10/Part-1 dated 10.08.2010 issued alert notice regarding detention of fake Indian currency notes smuggled to India through land customs borders. Such notice was forwarded to the Assistant Commissioner of Customs Krishnagar Custom Division. The copy of the said circular was forwarded to present petitioner-1, the superintendent of customs for compliance. Annexure-P/1 is the copy of the said circular dated 10th August, 2010.