Decided on January 10,1979

A.K.SINGH Appellant


M. K. SHAH - (1.) . This Special Criminal Application under Article 227 of the constitution is preferred by the Assistant Collector of Customs Rajkot proving that the order passed below Exs. 23 and 24 by the learned Judicial Magistrate First Class Rajkot in Criminal Case No. 624/73 be quashed and set aside.
(2.) A few facts giving rise to the passing of the said orders may be briefly stated as follows: On the 4th of February 1971 respondent No. 1 i.e. original accused No. 1 was accosted near Mochi Bazaar Bus-stand and from his possession were found gold Lagadies bearing foreign marks weighing 3573.440 grams valued at Rs. 64 0 Investigation further revealed that respondent No. 2 i.e. original accused No. 2 was the owner of the gold which was found from accused No. 1. The gold was seized under a panchnama. After further investigation charges were preferred against the two accused for the offences under sec. 135 of the Customs Act (the Act) and sec. 85 of the Gold Control Act. While the proceedings were pending accused No. 2 submitted an application (Ex. 23) on 7th May 1976 before the learned Magistrate First Class Rajkot praying that the proceedings be stayed on the ground that adjudication proceedings had been already instituted by the Customs Department and an adjudication order was passed in respect of the very gold and the matter was pending at an appellate stage before the appellate authority of the Customs Department. He therefore prayed that pending the disposal of the said appeal in the Departmental proceedings the Criminal proceedings before the learned Magistrate be stayed. The learned Magistrate by his order of the very date i.e. 7-5-76 ordered the stay of the Criminal Proceedings till the decision of the appellate authority namely Appellate Collector of the Customs at Bombay.
(3.) Thereafter on 18th of March 1978 the complainant submitted an application Ex. 24 inter alia stating that the appellate authority had already decided the matter on 11-11-77 and that therefore the Criminal proceedings which were stayed should be proceeded with The accused contested the said application and the learned Magistrate by his order dated 17-7-78 rejected the said application of the complainant.;

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