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2018 (10) TMI 333 - HC - CustomsMaintainability of petition - remedy by way of appeal/revision present - dismissal order passed by the trial court in the discharge petition - petitioner has submitted that the petitioner need not file revision against the dismissal of the discharge petition and he can straight away file petition u/s.482 of Cr.P.C., to quash the criminal proceedings - Smuggling - restricted item - Muriate of Potash (MOP) - export of MOP smuggled out of India under the guise of 'Industrial Salt' - Offences punishable under Sections 132 and 135 of the Customs Act, 1962. Held that:- It is no doubt that the dismissal order passed by the trial court in the discharge petition filed by the petitioner is not an interlocutory order and as such, it is a revisable order but, the petitioner has not filed any revision - reliance placed in the decision in the case of MOHIT ALIAS SONU AND ANOTHER VERSUS STATE OF U.P. AND ANOTHER [2013 (7) TMI 1005 - SUPREME COURT], where it was held that The intention of the Legislature enacting the Code of Criminal Procedure and the Code of Civil Procedure vis-a-vis the law laid down by this Court it can safely be concluded that when there is a specific remedy provided by way of appeal or revision the inherent power under Section 482 Code of Criminal Procedure or Section 151 Code of Civil Procedure cannot and should not be resorted to. This petition is not maintainable and hence, the same is liable to be dismissed - petition dismissed.
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