This application is filed under Section 438 of the Code of Criminal Procedure in connection with First Information Report registered as DRI/GRU/INV-2/2011-12 with the Directorate of Revenue Intelligence for the offences punishable under Sections 132 and 135 of the Customs Act.
Learned Counsel Mrs. V.D. Nanavati for respondent No.1 has taken this Court through the order dated 15.10.2011 passed by the learned Additional Sessions Judge, Gandhidham-Kutch and submits that till today, no offence has been registered against the present applicant. It is also observed by the learned Judge that if offence will be registered against the applicant, the applicant is at liberty to file an application under Section 438 or Section 439 of the Code of Criminal Procedure.
Considering this fact, this application is rejected. Rule discharged.
Sd/-
(M.D.
Shah, J.) Caroline Top