1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused to quash and set aside the impugned Complaint, being Criminal Case No. 42/2001 pending in the Court of learned Additional Chief Metropolitan Magistrate, Court No. 2, Meghaninagar, Ahmedabad filed by the Central Excise Department under Section 9(1) and 9(A)(A) of the Central Excise Act, 1944.
2. After the matter was argued for some time, Shri B.T. Rao, learned advocate appearing on behalf of the applicants-original accused seeks permission to withdraw the present application, however, has requested to make suitable observation that the learned Magistrate to consider all the defenses, which may be available to the applicants at the time of trial.
3. In view of the above, the present Criminal Miscellaneous Application is dismissed as withdrawn. It goes without saying that while conducting the trial th learned Magistrate is bound to consider all the defenses, which may be available to the applicants, in accordance with law and on its own merits. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R.
SHAH, J.) siji Top