TMI Blog2008 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... re of grave nature, then to see that justice be done and when dropping of the proceedings is against public interest, then the court can certainly exercise the powers under Section 482 Cr.P.C. as non-exercise of the powers by the court under Section 482 Cr.P.C. may also result into miscarriage of justice and that justice to public and sometimes that may cause injustice to the country. Looking to the above facts, this court is of the view that the order passed by the revisional court dated 4-10-2004 and the order passed by the trial court dated 12-4-2001 cannot be sustained and deserves to be set aside, hence, set aside. The trial court is directed to frame charge against the respondent under Section 135(1) of the Act of 1962 and proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was stopped by the customs officials, all the 4 persons ran in different direction. To prevent them from running, air fire was made and ultimately, out of 4 persons, 2 persons, who were accused in the trial court, were caught. Two other persons succeeded in escaping. In the vehicle, 12 bricks of silver in one packet, 42 silver bricks in another and from one door of the car, 421 gold biscuits with foreign mark were recovered. Both the accused were interrogated but they could not give any satisfactory explanation for possessing the said articles and ultimataly, they admitted that those silver and gold articles were brought from foreign country illegally. The car had number on its plate as RJ 19 C 2332. The articles were got examined. The st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under wrong assumption and looked into the defence set-up by the accused at the time of framing of charge instead of presuming the allegation to be true of the prosecution so as to give opportunity to prosecution to prove the case. It is submitted that it is settled law that at the stage of framing of a charge, the defence of the accused could not be looked into. 7. Learned Counsel for the petitioner further submitted from the statement of accused petitioner under Section 108 of the Act of 1962 that the prosecution case stands fully proved by the admission of the accused petitioner. 8. Learned Counsel for the respondent vehemently submitted that once the revision petition is dismissed by the revisionsl court, then the petition under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich these goods were found. In view of the above reason, learned Counsel for the respondent submitted that this Misc. Petition may be dismissed. 11. I considered the submissions of learned Counsel for the parties and perused the record also. 12. The allegations against the accused are that he was running car in question wherein gold and silver in huge quantity were there. It was the time of midnight that the vehicle was going and when the customs officials tried to stop the vehicle, the vehicle ran fast. It is the defence of the respondent that he ran fast at the instructions of co-passengers who hired him for running the vehicle. Then in the statement under Section 108 of the Act of 1962, the respondent admitted that he tried to ran aw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest, then the court can certainly exercise the powers under Section 482 Cr.P.C. as non-exercise of the powers by the court under Section 482 Cr.P.C. may also result into miscarriage of justice and that justice to public and sometimes that may cause injustice to the country. 14. Looking to the above facts, this court is of the view that the order passed by the revisional court dated 4-10-2004 and the order passed by the trial court dated 12-4-2001 cannot be sustained and deserves to be set aside, hence, set aside. The trial court is directed to frame charge against the respondent under Section 135(1) of the Act of 1962 and proceed with the trial. The record be sent to the trial court forthwith. The accused shall appear before the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
