Judgment

HEGDE, J.:- These appeals by certificate arise from the decision of the High Court of Bombay in Criminal Revision Application No. 238 of 1966 wherein the following questions of law arise for decision:

(i) Whether the prosecution from which these Criminal Revision Petitions arose is barred under Article 20 (2) of the Constitution as against accused Nos. 1 and 2 in that case by reason of the decision of the Collector of Customs in the proceedings under the Sea Customs Act?

(ii) Whether under any circumstance the finding of the Collector of Customs that the 1st and 2nd accused are not proved to be guilty operated as an issue estoppel in the Criminal case against those accused?

(iii) Whether the present prosecution amounts to an abuse of the process of the Court in view of inordinate delay in launching the same and consequently whether it is liable to be quashed?

(iv) Whether Section 173 (4), Criminal Procedure Code is applicable to the facts of this case and

(v) Whether the documents mentioned in the petition filed by the 1st accused on August 3, 1965 are required to be summoned under Section 94, Criminal Procedure Code?

2. The aforementioned questions were raised before the trial M