The single bench of Madras High Court presided by Mr. Justice G. K. Ilanthiraiyan has quashed proceedings initiated for evasion of Customs duty without recording the statement of the accused.
The respondent filed a complaint against the petitioners, J. Ananad and K. Sivamani alleging that they were occupants in the vehicle from which seven parcels containing gold biscuits of foreign origin, weighing about 15.06 kg and valued at about Rs.4,52,40,000/- were recovered based on information. The respondent filed a complaint and the same has been taken cognizance in C.C.No.73 of 2017 as against the petitioners.
The Magistrate without following the mandatory provisions under CrPC issued summons to the petitioner to frame charges and question the accused. The aggrieved petitioners approached the High Court under section 482 of the Code of Criminal Procedure (CrPC) to quash the case filed against them.
The counsel for the petitioner submitted that the framing charges and questioning of the accused shall only be after the examination of the witness. Though the respondent failed to produce sufficient materials for proceeding against the petitioners, the Magistrate without even verifying, straight away issued a summons and framed charges. The offense under Section 135(1)(b) of the Customs Act, 1963, is punishable with a maximum punishment of seven years, and therefore, it is a warrant case. Hence the provisions under Section 245 of Cr.P.C., is the relevant provision that applies to the complaint.
The High Court while quashing the proceedings in Magistrate Court has held that “the Magistrate ought not to have taken cognizance as against the petitioner even before recording their statements. Therefore, the impugned proceedings cannot be sustained as against the petitioner and it is liable to be set aside”.
Mr. S. Ramachandran and Mr. N. P. Kumar appeared on behalf of the petitioner and respondent respectively.
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