- (1.) Heard Sri Ravindra Nath Rai, Advocate, for revisionists and learned A.G.A. for respondents.
(2.) This criminal revision under Section 401 read with Section 397 Cr.P.C. has arisen from order dated 13.10.2000 passed by Special Chief Judicial Magistrate, Varanasi (hereinafter referred to as "SCJM") in Case No. 207 of 2000 summoning Revisionists under Section 135 of Customs Act, 1962 (hereinafter referred to as "Act, 1962").
(3.) Brief facts are that a complaint case was filed by Sri B. Prasad, Assistant Commissioner (Customs), Varanasi in the Court of SCJM after obtaining necessary sanction vide order dated 12.09.2000 from Commissioner of Customs, Lucknow under Section 137 (1) of Act, 1962, stating that on 16.02.2000 Customs Officers raided godown of M/s Patel Roadways on the basis of a specific information. Vijay Kumar Yadav, an employee of aforesaid Transport Company, was present there, who produced the key of godown to Officers. Search of godown was conducted in his presence as well as two independent witnesses, which resulted in recovery of 12 bales Chinese silk yarn. On demand, Vijay Kumar could not produce any document evidencing legal import and valid possession of aforesaid silk yarn. The recovered material and Vijay Kumar were brought to Custom office to complete seizure formalities. Vijay Kumar was asked to contact owner of goods to produce relevant import documents, but he told that goods are smuggled and papers concerning legal import cannot be produced by anybody. Thereafter, recovered material was seized under Section 11 of Act, 1962 and a Panchnama was prepared. Statement of Vijay Kumar was recorded under Sections 107 and 108 of Act, 1962 wherein he stated that he is an employee of M/s Patel Roadways, Padao, Varanasi, and owner of Company is Raj Kumar Patel. The recovered 'silk yarn' belong to Iqbal Jakaria,Vinod Singh and Sona Sah who are partners of equal share in trade of smuggling. He also said that he had knowledge regarding arrival of smuggled goods in the company and used to cooperate in the work of Proprietor of Company, Raj Kumar Patel, who paid Rs. 5000/- besides salary, to shut his mouth.;