ABU ZAFAR @ MD.ZAFFAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who has been impleaded as one of the accused in G.0.71/82 (Samastipur)/Trial No. 210 of 2006, is aggrieved by order dated 21.12.1989 passed therein by the learned Presiding Officer, Special Court, Economic Offences, Muzaffarpur, whereby he has taken cognizance of the offences against the petitioner which have not been stated in the order and has directed for issuance of summons to him and has prayed for quashing of the same.

(2.) IT appears that a written complaint was filed by one K.K. Jha, Assistant Collector, Customs Division, Muzaffarpur, on 15.7.1982 stating therein that the petitioner had violated Government of India Notification No. 76/Cus/ 65 dated 19.6.1965 issued under Section 11 of the Customs Act, 1962 read with Section 3(1) of Import and Export Control Act, 1947, punishable under Section 135 of the Customs Act, 1962. The facts giving rise to the allegation as stated in the complaint petition is that the Customs Preventive Staff of Samastipur checked Bus No. WMH -75 plying between Siwan and Kolkata on 1.7.1979 at 4.30 P.M. on National Highway near Rupauli and intercepted a passenger who gave out his name Nadim Raza and from his possession contraband goods such as mercury calculator of Japan, ladies ' wristwatch of third country origin, cassettes and goods were allegedly recovered of the value of Rs. 31,310/ - and as Nadim Raza could not produce any documents authorizing his possession of those goods there were reasons to believe that the same were being smuggled. It is further stated that the said Nadim Raza confessed his guilt and stated that he had purchased the goods from Birganj (Nepal) and also divulged that the financier of the above goods is Md. Jaffar who was the brain behind the smuggling. It has also been submitted that the Additional Collector of Customs, Indo Nepal Border, Muzaffarpur, had accorded sanction for prosecution under Section 135 of the Customs Act.

(3.) IT has been submitted by the learned counsel for the petitioner that from perusal of order taking cognizance dated 21.12.1989, it is clear that the Special Court has not stated the offence whereunder cognizance was being taken although - the complaint had been filed under Section 135. of the Customs Act.