TMI Blog2014 (2) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... ase. Such opinion has been given in respect of Section 108 of the Act. From perusal of paras 1 and 4 of the said case law it is evident that if a Customs Officer examined any person under Section 107/108 of the Act and there is admission on the part of the co-accused, the same can be read against the co-accused - there is nothing on the record in favour of the applicant on the basis of which the complaint filed against him also under Section 135 of the Act may be quashed and set aside. Non bailable warrant issued applicant on first date of case - Held that:- It is true that under Section 204 of Cr. P.C. a Magistrate can issue a non-bailable warrant on the very first date if he is of the opinion that a case before him is a warrant case bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e brief facts of the case are that on 27-2-1998, the Assistant Commissioner of Customs (Preventive), Gorakhpur filed a complaint against one Vikram Chaudhary and Praveen Dumar Saraogi, the applicant, under Section 135 of the Act. The allegation as levelled in the complaint are that on 6-12-1995 the Directorate of Revenue Intelligence, Varanasi received a search information that various foreign origin goods concealed in various containers were kept under a cement bench on platform no. 6 at Mughalsarai Railway Station. It was also informed that silk yarn of foreign origin were to arrive at the same railway station concealed in three holdalls. A surveillance was initiated on the basis of such information and a raid was conducted. The officers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the complaint was filed in the court of learned Magistrate on 27-2-1998. The learned Magistrate outrightly issued non-bailable warrant against the applicant which is against the spirit and provisions of law. It has also been submitted that in the past the customs authorities have searched the house of the applicant but nothing incriminating was found from his residence. It has also been argued that learned Magistrate completely ignored the fact that no summons was ordered to be issued by him against the applicant and he issued illegally a non-bailable warrant against the applicant on the date of taking cognizance of the case. 6. The petition has been opposed by the learned A.G.A. He states that keeping in view the provisions of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om perusal of the ordersheet dated 27-2-1998 it is evident that the learned Magistrate issued warrant on the first date of the case. It is true that under Section 204 of Cr. P.C. a Magistrate can issue a non-bailable warrant on the very first date if he is of the opinion that a case before him is a warrant case but such power is not limitless keeping in view the provisions as contained under Section 87 of the Cr. P.C. Keeping in view the spirit of law it is desirable that there should be some genuine grounds to issue a non-bailable warrant against the accused on the very first instance where normally a summon should be issued. If the accused does not respond to the summon in that event a warrant may be issued which may be bailable or not. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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