- (1.) ON the complaint filed by the Assistant Collector, Central Excise Division, Chandigarh on behalf of the Union of India for offences under Sections 9 (l) (b) and (bb) of the Central Excises and Salt Act, 1944, punishable under Section 9 (l) (i) of the Act, the learned Chief Judicial Magistrate, Ropar, vide his order dated 15-10-1989 had summoned the Managing Director, M/s. Punjab Callulose Ltd. by passing the following order (Annexure P. 2): "complaint presented today. It be registered. The complaint is presented by the Public Servant in the discharge of his official duties, so there is no need for recording the preliminary evidence. So the accused are ordered to be summoned to face trial for 8-11-1989. The complaint also made request for his exemption from-the Court till further orders as he has to look after his official duties. Since the complainant has to look after his other official duties, his personal appearance is exempted till further orders and Shri Amar Raj Saini, Advocate, is allowed to appear on his behalf. "
(2.) THE petitioner seeks the quashment of the above-referred order under Section 482 of the Code of Criminal Procedure, inter alia on the ground that the Chief Judicial Magistrate had failed to apply his mind to the facts and circumstances of the case and had passed an order in a mechanical manner and contends that the impugned order is illegal being violative of the provisions of Section 204 of the Code of Criminal Procedure.
(3.) MR. A. Mohunta, the learned counsel for the complaintant-respondents maintains that the perusal of the complaint itself reveals that the respondent-Company as well as its Managing Director have ex facie committed the above-referred offences as certain goods were allowed to leave the premises of the company without payment of central excise duty and the goods were seized from the premises of M/s. Nitco Roadways, Chandigarh under Section 110 of the Customs Act.;