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TMI Blog2023 (1) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the Petitioner herein/A2. Accordingly, remarks were received from the learned Judicial Magistrate No.1, Alandur stating that since in the year 2019, Special Court for Exclusive Trial of Customs Act was constituted, the case in R.R.No.27/2014 was transferred to the file of the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act, Alandur. In pursuance of the same, by order dated 06.10.2022, the Registry was directed to call for remarks from the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act Cases, Alandur regarding the stage of the case relating to R.R.No.27/2014 in respect of the Petitioner herein/A2 in F.No.DRI/CZU/VIII/48/ENQ-1/INT44/2014 on the file of the Respondent, by e-mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and a laptop. On enquiry, Abubaker Sithikali informed that he is carrying two chocolate wrappers but the trolley suitcase was unusually heavy. On checking the suit case, it was noticed that it contains foreign marked gold bars. The enquiry disclosed that it was given to him by one Ajmal Kaka of Singapore to be handed over to Paulraj, whose Mobile No. is 9176346642 and that he would be waiting in the gents toilet located inside the immigration hall in the arrival side of airport, based on the instructions received on his mobile No. 8754653801 from one Farook of Chennai from mobile No. 9176318310. The interrogation further unfolded that Abubacker has to knock the side plywood panel of the toilet twice which would be a signal to the person wai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, the Petitioner filed an appeal before the Commissioner (Appeals) and the appellate authority set aside the order of penalty by passing an order dated 17.07.2016. The Department filed a Revision against the order dated 17.07.2016 before the Government/Revisional Authority and the same was dismissed on 28.07.2020. Therefore, it is submitted that the entire proceedings initiated against the Petitioner, including the remand report are illegal and legally not sustainable. Therefore, the learned counsel for the Petitioner submits that the Remand Report No.27/2014 laid by the Respondent on 24.09.2014 is liable to be quashed and the Petitioner need not undergo the ordeal of a lengthy trial especially when the order of penalty against the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Judicial Magistrate No.1, Alandur stating that since in the year 2019, Special Court for Exclusive Trial of Customs Act was constituted, the case in R.R.No.27/2014 was transferred to the file of the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act, Alandur. In pursuance of the same, by order dated 06.10.2022, the Registry was directed to call for remarks from the learned Judicial Magistrate, Special Court for Exclusive Trial of Customs Act Cases, Alandur regarding the stage of the case relating to R.R.No.27/2014 in respect of the Petitioner herein/A2 in F.No.DRI/CZU/VIII/48/ENQ-1/INT44/2014 on the file of the Respondent, by e-mail on or before 13.10.2022. Accordingly, remarks were received from the learned J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 015. It is submitted that subsequently, the Learned ACMM, EO-II (FAC), passed an order permitting the Petitioners/A2 and A3 to appear on summons in Crl.M.P.No.1996/2015 on 10.02.2016 with conditions as follows:- 1. The Petitioners/A2 A3 are directed to file an affidavit with passport size photo furnishing his present and permanent address. 2. The Petitioners/A2 and A3 are directed to appear whenever required by this Court. Accordingly the Petition is allowed. I submit after 10.02.2016 the matter was posted to several dated for filing of complaint by the complainant and after giving sufficient time, as no complaint was preferred, this Court on 17.04.2021 passed the following order closing the matter. Order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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