Heard Sri Manish Tiwary, learned counsel for the revisionists and learned A.G.A. for the State.
By the impugned order, application filed by the revisionists for discharge in Case No. 1370 of 2009 (Union of India versus M/s Paramount Trade Link Private Limited and others) under Sections 135(1)(A), 135(1)(B) and 135(1)(C) of Customs Act 1962 has been rejected.
Learned counsel for the revisionists submitted that the Court below while refusing to discharge the revisionists by the impugned order has neither referred to the submissions advanced on behalf of the revisionists nor has adverted to any material on the basis of which it could be said that there were sufficient grounds for proceeding against the revisionists.
Sri Manish Tiwary further submitted that neither the allegations made in the complaint nor the statements of the witness disclose the ingredients of any offence against the revisionists.
Per contra, Sri B.K. Singh Raghuvanshi, learned counsel appearing on behalf of the opposite party no. 2 made his submissions in support of the impugned order.
After having examined the submissions advanced by the learned counsel for the revisionists, perused the impugned order and other materials brought on record, I find that the submissions advanced by the learned counsel for the revisionists have force and the same are liable to be accepted. The impugned order does not reflect any advertance by the concerned Court to the submissions raised on behalf of the revisionists in support of their claim for discharge.
In view of the above, the impugned order can not be sustained and is liable to be set aside. Accordingly, the revision is allowed in part. The order dated 01.12.2010 passed by Special Chief Judicial Magistrate, Varanasi is set aside. The Special Chief Judicial Magistrate, Varanasi is directed to decide the discharge application of the revisionists afresh in accordance with law. The necessary exercise in this regard shall be completed by him within four weeks from the date of production of certified copy of this order before him.
For the period of four weeks from today or till the discharge application is decided, no coercive action shall be taken against the revisionists. However, in case the revisionists seek any adjournment then the interim protection shall stand automatically vacated.
Order Date :- 4.2.2011 arun