9911796707
TMI Blog1986 (10) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... mind the salient features of the complaint. On 5-2-1985, the Customs Officer examined a consignment consisting of 5 packages covered against Airway Bill No. 057-74752462, dated 23-1-1985, which landed at Delhi Airport vide Flight No. AF-175, dated 24-1-1985. The importer of the said consignment was Mohd. Ali Abdi, Second Secretary, Somalia Embassy, New Delhi. The said consignment consisted of T.V./V.C.R./Music System and Washing Machine. Due to suspicion, the said consignment was inspected in the presence of S/Mohd. Ali Abdi and Rakesh Sood, Deputy Chief of Protocol, Ministry of External Affairs, in addition to independent witnesses. This resulted in the recovery of 200 gold biscuits of 10 tolas each bearing foreign markings. Shri Abdi, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred. 3. Show cause notice was issued to the respondent as to why the petition be not admitted by this Court on 22-1-1986. The petition has not yet been admitted. I have heard the arguments of the learned Counsel for the parties and with their help gone through the record carefully. 4. The contention of the learned Counsel for the petitioner in support of his plea for the quashing of the order of summoning, in brief, is that the facts stated in the complaint dated 29-5-1985 as well as the evidence cited in support thereof, even if taken on their face value, do not make out a case under Section 135(1)(a) of the Customs Act, nor a case under Section 5 of the Imports and Exports Act, 1947 against the petitioner. The statements of the witn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well as the documents filed along with it will go to show that the department has placed sufficient material before the Court to come to a definite conclusion that it is a case for proceeding against the accused. He particularly referred to the statements of Shri Abdi, the importer, [and] Shri K.D. Sethi, who was handed over the papers regarding the clearance of the goods at the earliest by the present petitioner with the further instructions to deliver these goods at his office at Khan Market after Customs clearance. 6. Learned Counsel for the department has also pointed out that in the subsequent statement Mohd. Ali Abdi has stated that the present petitioner is their indenting agent and that he placed order for his household effects w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 7-5-1980. All that the learned Magistrate had done was to issue a summons to Respondent No. 2 - Satyavir Singh. If eventually the learned Magistrate comes to the conclusion that no offence was made out against Satyavir Singh, it will be open to him to discharge or acquit him, as the case may be. But it is difficult to appreciate why the order issuing 'summons' to the accused should be quashed. We, therefore, set aside the orders passed by the Sessions Court and the High Court, restore that of the learned Special Judicial Magistrate, First Class, Meerut, dated February 2, .1979, and remit the matter to the trial Court for disposal in accordance with law." The ratio decidendi of the aforesaid judgment fairly and squarely applies to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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