Amit Talukdar, J. - (1.) Both the Revisional Applications were heard together as a common point of law is involved and this Judgment will govern the fate of both the Revisional Applications.
(2.) The Petitioner in these Applications has moved this Court for quashing of proceeding being T.R. 426 of 1991 pending before the learned Metropolitan Magistrate, 8th Court, Calcutta under Section 135 of the Customs Act in connection with C.R.R. No. 2351 of 1992 and in connection with Case No. C/1522 of 1991 also under Section 135 of the Customs Act in connection with C.R.R. 2352 of 1992. In both these Revisional Applications it has been contended that the proceeding of Case No. C/1521 of 1991 and C/1522 of 1991 pending before the learned Metropolitan Magistrate, 8th Court, Calcutta has continued in violation of Section 245(3) of the Code of Criminal Procedure (hereinafter referred to as the said Code) as the Prosecution could not complete all the evidence as contemplated under Section 244 of the said Code within a period of 4 years from the date of appearance of the Accused.
(3.) Although ancillary grounds with regard to violation of Article 21 of the Constitution of India for delaying the Trial and non-compliance of Section 167(5) of the said Code and that Petition of Complainant was filed after a lapse of four years have been taken, the principle focus has been on the ground of Section 245(3) of the said Code.;