D.P.Sengupta, J. - (1.) The present revisional application is for quashing of a proceeding being case No. 772/96 under section 135(1)(a)(b) of the Customs Act pending in the Court of Chief Judicial Magistrate, Barasat, North 24 Parganas.
(2.) On the basis of a complaint lodged by the present opposite party the aforesaid proceeding was initiated. It was alleged in the complaint that acting on an information on 7th August, 1996 a strict surveillance was kept on the baggage originated from Hongkong/Singapore and in course of such surveillance one mishandled baggage carried from Dhaka was identified and its movement was monitored. Subsequently on 8th August,1996 one Anup Ghosh, holder of Indian Passport, claimed the said baggage which resulted in recovery of 21,000 pieces of wrist watch worth Rs. 8,40,000/-. Since the passenger failed to produce any licit document in support of such importation, those goods were seized. Accused Anup Ghosh was thus served with a summons under section 108 of the Customs Act. Accused Anup Ghosh made a voluntary statement, wherein he stated that the baggage was handed over to him by one Monoj Kothari of Hongkong with a direction to hand over the same to one Rajesh Kothari @ Pappu.
(3.) Thereafter in course of follow up action the house of Monoj Kothari was searched in presence of Rajesh Kothari, but nothing incriminating was recovered. The statements of both Monoj Kothari and Rajesh Kothari were recorded and both of them denied any knowledged or any movement of the seized goods. Thereafter in connection with the aforesaid seizure a showcause notice was issued for confiscation of the seized goods to Anup Ghosh and the present petitioners.;