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1970 (3) TMI 58 - SC - CustomsIf the respondent is accused of any other specific acts of smuggling, there will be no bar against the continuation of prosecution proceedings in respect of them? Held that:- In the present case, the matters appear to have been complicated by the fact that, at the earlier stages, the authorities were under the impression that there was one single conspiracy. We are unable to find any material to suggest that the prosecution have deliberately prolonged the investigation or delayed bringing the case before the court. We may also add that we are not impressed by the argument advanced by Mr. Jethmalani that the respondent could have been charged for this conspiracy even in the earlier case in which he was convicted on 31st January, 1969 under the provisions of Section 236 of the Code of Criminal Procedure, because the two conspiracies, according to the prosecution, are two entirely separate and distinct ones and are not based on allegations of identical acts having been committed by the offenders. In this case, therefore, it appears to be appropriate that the respondent should be tried for the conspiracy on the basis of which proceedings are being taken which have been quashed by the High Court. We, however, consider that it is sufficient to make a direction that the Magistrate will allow a period of not more than two months to the prosecution to produce evidence to make out a prima facia case against the respondent, calculated from the date on which the copy of our order is received by the trial Court. On the expiry of the period of two months, the Court will proceed either to frame a charge or to discharge the respondent.
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