Debiprasad Sengupta, J. - (1.) This revisional application is directed against an order dated 28.8.92 passed by the learned Metropolitan Magistrate, 15th Court, Calcutta in Case No. C-1838 of 1982 thereby rejecting the petitioners' prayer for discharge under Section 245 (3) of the Code of Criminal Procedure.
(2.) The present petitioners were arrested by the Officers attached to Calcutta Customs on 12.5.76. On the next date they were produced before the learned Metropolitan Magistrate, Calcutta and the Case being No. C-1838/82 under Section 135 of the Customs Act was registered. The allegation against the present petitioner was that acting on a source information that the petitioners were trafficking in illegal and contraband "Hashish" a group of Customs Officers maintained a secret watch over them and on 12.5.76 they were able to catch the said accused persons and recovered from their possession huge quantity of Hashish weighing 13 Kgs, valued at Rs. 52,000/-. The said Hashish was kept inside a bad and had foreign marks embossed on it. A reasonable suspicion arose that the same was on foreign origin.
(3.) On 31 5.82, the Assistant Collector of Customs, West Bengal, Calcutta filed a complaint under Section 115 (1) (b) of the Customs Act against the petitioners and another, whereupon the learned Chief Metropolitan Magistrate, Calcutta took cognizance of the said offence. It appears that till September 19, 1984, the hearing of the case was adjourned on several occasions as the accused Purnachand Jain was absent and as such the learned Magistrate directed to file the case against the said accused. The case was transferred to the Court of learned Metropolitan Magistrate, 15th Court, Calcutta who received the case record on transfer and fixed 11.12.84 for evidence before charge.;