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2016 (9) TMI 875 - HC - CustomsValidity of criminal revision - summon of revisionist under section 135 of the Customs Act, 1962 - raid - search of godown - Chinese silk yarn - seizure under Section 11 of Act, 1962 - recording of statement Sections 107 and 108 of Act, 1962 - summon of four persons who were alleged to be partner in smuggling under Section 108 of Act, 1962 - Held that: - Here is a case at a nascent stage when on the basis of complaint made by a Public Servant, i.e., Assistant Commissioner (Customs), Varanasi alleging that accused-revisionists have committed an offence under Section 135 of Act, 1962, Magistrate has summoned revisionists against whom allegations have been made in the compliant that these are the persons who have committed offence under Section 135 of Act, 1962. In order to form opinion, prima facie, at this stage, Magistrate is supposed to look into the allegations contained in the complaint and the material placed along with it which in the present case include seizure memo, confessional statement of Vijay Kumar as well as statements of accused-revisionists which have been looked into by Magistrate and thereafter it has formed an opinion that a prima facie case has been made out, hence summons have been issued. Nothing has been placed to show that material available before Magistrate, even if believed to be true, no person of ordinary prudence can come to a conclusion that even prima face no case of commission of offence by accused-revisionists under Section 135 of Act, 1962 is made out. Looking to the summoning order issued by SCJM, it can be said that whatever material was available before Court below, it has considered the same, and, after applying its mind to the material available before it, has issued process to revisionists and it cannot be said that the same is illegal or contrary to law in any manner, hence, no interference is called for in this criminal revision. Criminal revision valid.
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