TMI Blog2020 (9) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... ments of the co-accused could be used against the petitioner is a question to be determined by the trial court. It is, therefore, premature for this Court to discard the materials against the petitioner in the form of statements under Section 108 of the Customs Act given by the other accused. This is not a fit case for invoking the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings. Petition dismissed. - Crl. MC. No. 4400 OF 2019(H) - - - Dated:- 14-9-2020 - THE HONOURABLE MR. JUSTICE ASHOK MENON FOR THE PETITIONER : BY ADVS. SMT.DHANYA BABU SRI.S.SAMEER SRI.M.P.MADHAVANKUTTY FOR THE RESPONDENT : R2 BY SRI.S.MANU, CGC, DIRECTORATE OF REVENUE R1 BY SRI.SANTHOSH PETER SR PP ORDER ASHOK MENO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... International Airport by Air India Express flight IX-344 from Dubai at 4:55 AM on 08/11/2013 carrying a large quantity of gold concealed in their bodies and would be smuggling it without declaring to the Customs. Based on this information, the officers of the DRI conducted surveillance at the Airport and intercepted the aforesaid passengers while they were walking through the Green Channel. Personal search of the aforesaid passengers by the lady officers resulted in recovery and seizure of 3 gold bars weighing one kilogram each, from each of them, valued at ₹ 1,83,72,000/- in the domestic market, cleverly concealed in a long cloth wound around their waist as per Annexure-A1 mahazar. Accused Nos.4 and 5 gave Annexures-A3 and A2 statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... casions through the International Airports of Chennai and Cochin. She has admitted that accused Nos.1 to 3 were the main operators of the gang and has also identified their photographs and subscribe her signature on their photographs. The 4 th accused has subsequently retracted her confession vide Annexure-A4 statement filed before the Additional Chief Judicial Magistrate (Economic Offences). She has stated that the DRI officers made her right and untrue statement of confession regarding her involvement in the smuggling of gold several times and also made her mention the names of accused 1 to 3 who were professionally associated with her, accusing them of being involved in the alleged activity of smuggling gold through carriers. She states ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nows that it is a person named Faisal who coordinates the activities of smugglers in Kerala and that the flat leased out by the petitioner was being used as a centre of smuggling activities in Kerala. In his statement, Idavela Babu has admitted of visiting the flat of the petitioner in Alfa Serene on 17-08-2013 and 25-08-2013 to meet the petitioner and Habeeb. 7. Habeeb Rahman was arrested by the Air Intelligence Unit on 23-08-2013 in connection with smuggling of 6 KGs of gold through the Chennai Airport. He gave Annexure-A9 statement admitting about the involvement of the petitioner in smuggling of gold. He admits of having been to the flat of the petitioner at Alpha Sarene twice in connection with smuggling activities. He has also indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed to the 1st accused. 11. The petitioner submits that the DRI has implicated him as the 3rd accused solely based on uncorroborated statements of co-accused 1, 4 and 5. Prima facie, no offence is made out against Crl.MC 4400/2019 the petitioner for an offence punishable under Section 135 of the Customs Act and there is no chance of his being convicted after trial. Hence, it is prayed by the petitioner that all further proceedings against him in OR No.12/2013 be quashed under Section 482 of the Cr.P.C. 12. The learned Standing Counsel for the DRI has filed a statement objecting to the petition seeking to quash the proceedings in Annexure-A5 occurrence report. It is submitted that the occurrence report is not filed under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the Court cannot be utilised for any oblique purpose and where in the opinion of the Court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the Court may while taking into consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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