2002 (2) TMI 123 - HC - Customs

Summary

Issues:
1. Application under Section 210 Cr.P.C. for stay of proceedings in a complaint case.
2. Authority of CBI to investigate offences under Sections 132 and 135 of the Customs Act.
3. Jurisdiction of the Special Judge under Section 5 P.C. Act, 1988.

Analysis:

1. The petitioner filed an application under Section 210 Cr.P.C. seeking a stay of proceedings in a complaint case until the police report under Section 173 Cr.P.C. was filed in a case registered by the CBI. The ACMM, Patiala House Courts dismissed the application. Section 210 Cr.P.C. allows the Magistrate to stay proceedings if an investigation by the police is in progress regarding the same offence. The petitioner argued that the CBI, authorized to investigate offences under the Customs Act, should be allowed to investigate the case. However, the CBI contended that they were only investigating the offences for which the case was registered, not those under the Customs Act. The court held that in such a scenario, Section 210 Cr.P.C. was inapplicable, and the stay of proceedings could not be sought under that provision.

2. The main argument presented was regarding the authority of the CBI to investigate offences under Sections 132 and 135 of the Customs Act. The petitioner contended that the CBI could investigate these offences in addition to those for which the case was registered. However, the CBI clarified that they were only investigating the offences specified in the case registered by them. The court emphasized that the charge sheet for all offences would have to be filed before the Special Judge if additional offences were investigated, as per Section 5 of the P.C. Act, 1988. It was concluded that in such a situation, the provisions of Section 210 Cr.P.C. did not apply, and the stay of proceedings in the complaint case could not be based on that provision.

3. The jurisdiction of the Special Judge under Section 5 of the P.C. Act, 1988 was also discussed. The Special Judge appointed under this Act takes cognizance of offences without the accused being committed to trial. It was highlighted that if allegations under the Customs Act were investigated in addition to the registered offences, the charge sheet would have to be filed before the Special Judge. The court reasoned that in such a scenario, the complaint could not be tried by the ACMM, Patiala House Courts, and the provisions of Section 210 Cr.P.C. would not be applicable. The court dismissed the revision petition, stating it lacked merit based on the arguments presented and the legal provisions cited.

This detailed analysis of the judgment provides a comprehensive understanding of the issues raised and the court's reasoning in dismissing the revision petition.