ABOOBAKER Vs. ASSISTANT COLLECTOR OF CUSTOMS, MANGALURU

JUDGEMENT

(1.) This petition is filed under S.482 Cr.P.C. seeking to quash the proceedings in C.C. No.91/2002 pending on the file of Additional Chief Metropolitan Magistrate, Mangaluru in so far as the petitioner herein is concerned.

(2.) The facts essential for disposal of the petition are as follows:

(3.) The allegations against the present petitioner is that he had loaded the aforesaid contraband sliver bricks into the lorry. After investigation charge-sheet was laid against seventeen accused persons. The present petitioner was shown as absconding and hence the case against him was split up. Accused Nos.1, 4, 7, 10, 12 to 15 and 17 faced trial in C.C. No.104/1995. By Judgment and Order dated 31.12.2004, the said accused persons were convicted and sentenced to undergo Rigorous Imprisonment for a period of three years and to pay fine for the offence punishable under S.135 of the Customs Act. The appeals preferred by these accused persons before the Sessions Court, Mangalore in Criminal Appeal Nos.7-15/2005 were allowed and by Judgment and Order dated 30.06.2006 accused Nos.1, 4, 7, 10, 12 to 15 and 17 were acquitted. Accused No.8 having died case against him was abated. The case against the present petitioner is split up and pending trial in C.C. No.91/2002.