Judgment

SARKARIA, J.:- This appeal by special leave is directed against a judgment, dated Jan. 21, 1976, of the High Court of Judicature at Bombay in Criminal Revision Application No. 565 of 1969, whereby is set aside an order, dated Feb. 26, 1969, of the Chief Presidency Magistrate and directed the latter to restore Case No. 244/C. W. of 1968 against the accused persons, excepting accused No. 7 (who is since dead) for being dealt with in the light of the observations made therein.

2. The case was originaly instituted on April 1, 1961 on the basis of a criminal complaint filed by the Assistant Collector (Customs) in the Court of the Chief Presidency Magistrate, Esplanade, Bombay. It is alleged in the complaint that between August 1957 and March 1960, offences u/s. 12-B, I. P. C., read with S. 167 (81) of the Sea Customs Act, 1878 and S. 5 of the Imports and Exports (Control) Act, 1947, were committed by one Ramlal Laxmidutta Nanda and others, including the appellant, who is accused No. 2 in the trial court. Ramlal Laxmidutta Nanda was alleged to be the principal culprit. He died on Sept. 15, 1960. As a result of a conspircay, twenty-four consignments of goods came from abroad and we