GURNAM SINGH Vs. SUPERINTENDENT OF CUSTOMS (PREVENTIVE)

JUDGEMENT

(1.) Heard Mr. Nabneet Pawar and Mr. L. Shashibhushan, learned counsel appearing for the petitioner and Mr. N. Brojendro, learned counsel appearing on behalf of the respondent.

(2.) This criminal petition has been filed praying for quashing the Crl. (Complaint) Case No. 3 or 2006 of the court of Chief Judicial Magistrate, Imphal, which was initiated by taking cognizance of offences under section 406, Indian Penal Code and section 135 Customs Act as against the petitioner by the learned Chief Judicial Magistrate, Imphal (CJM') vide order passed on 23.1.2006 in Crl. Misc. Case No. 142 of 2005.

(3.) The said Crl. (Complaint) Case No. 3 of 2006 was filed by the Superintendent of Customs Preventive, New Checkon, Imphal alleging commission of offences under section 406, IPC, section 117 of the Custom Act, 1962 as well as the offence under section 135(1)(b)(ii) of the same Act. The allegations of the complainant are, in brief, as follows:-