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2016 (9) TMI 875 - ALLAHABAD HIGH COURT

2016 (9) TMI 875 - ALLAHABAD HIGH COURT - 2016 (339) E.L.T. 239 (All.) - Validity 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 .....

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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 commi .....

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evision valid. - Criminal Revision No. - 2642 of 2000 - Dated:- 8-7-2016 - Sudhir Agarwal, J. Shri Ravindra Nath Rai, Counsel, for the Appellant. Shri S.K. Singh Govt. Advocate, for the Respondent. ORDER 1. Heard Sri Ravindra Nath Rai, Advocate, for revisionists and learned A.G.A. for respondents. 2. This criminal revision under Section 401 read with Section 397 Cr. P.C. has arisen from order dated 13.10.2000 passed by Special Chief Judicial Magistrate, Varanasi (hereinafter referred to as SCJM .....

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cific information. Vijay Kumar Yadav, an employee of aforesaid Transport Company, was present there, who produced the key of godown to Officers. Search of godown was conducted in his presence as well as two independent witnesses, which resulted in recovery of 12 bales Chinese silk yarn. On demand, Vijay Kumar could not produce any document evidencing legal import and valid possession of aforesaid silk yarn. The recovered material and Vijay Kumar were brought to Custom office to complete seizure .....

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l. The recovered 'silk yarn' belong to Iqbal Jakaria, Vinod Singh and Sona Sah who are partners of equal share in trade of smuggling. He also said that he had knowledge regarding arrival of smuggled goods in the company and used to cooperate in the work of Proprietor of Company, Raj Kumar Patel, who paid ₹ 5000/- besides salary, to shut his mouth. 4. Thereafter, Vinod Singh, Sona Sah, Raj Kumar Patel and Iqbal Jakaria were summoned under Section 108 of Act, 1962 by Superintendent ( .....

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Patel Roadways' but stated that it appears that Vijay Kumar used to keep illegal goods in the godown of Company without his knowledge and he denied extra payment of ₹ 5000/- per month to Vijay Kumar, apart from monthly salary. He denied his involvement in smuggling activities in any manner. 6. Summons dated 15.03.2000 issued to Sona Sah, returned back undelivered, where after he was again summoned on 04.04.2000 but this time also summons returned back undelivered. Thereafter, stating t .....

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Panchnama and statements of accused persons under Sections 107 and 108 found that prima facie case is made out. He, accordingly, took cognizance and directed the case to be registered and summoned accused persons by means of order dated 13.10.2000, which is under challenge in this criminal revision. 8. Counsel for revisionists contended that no offence under Section 11 or 135 of Act, 1962 is made out, hence, order of SCJM summoning revisionists is without application of mind. It is contended th .....

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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 allegation .....

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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. The illicit goods have been found in godown of M/s Patel Roadways, Padao, Varanasi, owner whereof is accused-revisionist 1. Vijay Kumar is an employee of the said firm. Revisionist 1 intends to wriggle out of liability by pleading lack of knowledge which he has to prove by adducing evidence and that stage has yet to come before Court concerned. Entir .....

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ect, counsel for revisionists could not dispute that offence under Section 135 of Act, 1962 is made out. However, he relied on judgement in Radheshyam Kejriwal Vs. State of West Bengal and another 2011 (4) SCR 889 wherein on a complaint, process was issued by Magistrate and it was sought to be recalled by filing application before Magistrate contending that on the same allegations, adjudication proceedings were already dropped and Radheshyam Kejriwal was exonerated, hence his continued prosecuti .....

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