NATVARLAL K BAKSHI Vs. STATE

JUDGEMENT

(1.) This Rule is for quashing of a proceeding pending in the Court of the ld. Metropolitan Magistrate, 9th Court, Calcutta after setting aside his order dated July 15, 1978. It appears that on 29-6-1974 the Customs Officers of the Divisional Preventive Unit, West Bengal raided the house of the petitioner at 19, Amratolla Lane, Calcutta for recovery of some foreign medicines. The petitioner was not then present. On the following day, the room in question was again searched and some medicines of foreign origin worth Rs. 22,995/- were recovered for the possession of which the petitioner failed to give any satisfactory explanation. In support of such allegation the complainant examine eight witnesses.

(2.) It was contended before the learned Magistrate that there was nothing on record warranting framing of any charge under Section 135 of the Customs Act, 1962 against the petitioner. By an order dated 15-7-1978 the learned Magistrate over-ruled such objection and framed a charge under Section 135(1)(b)(ii) of the Customs Act against the petitioner. Thereafter the petitioner moved this Court and obtained the present Rule.

(3.) Having heard the learned Advocates of the respective parties and on a consideration of the materials on record, we are of the view that the learned Magistrate was not justified in framing the charge under Section 135(i) (b)(ii) against the petitioner. Certain facts are not in dispute. They are as follows :-