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1988 Supreme(Bom) 359

H.H.KANTHARIA
Department of Central Excise (H. O. ) Bombay & another – Appellant
Versus
Rajesh Tulsidas Vedant & others – Respondent


JUDGMENT - H.H. KATNHARIA, J.:---This is a suo motu proceeding initiated by this Court, in exercise of its inherent powers under section 482 of the Criminal Procedure Code, 1973 and the supervisory writ jurisdiction vested in it under Article 227 of the Constitution of India, for cancellation of bail order passed in favour of the respondents by the learned Chief Metropolitan Magistrate, Bombay.

2. The tale telling facts giving rise to the suo motu action are as under:

On 10th August, 1988, the officers of the Central Excise, on a secret information, kept a secret vigil over the entrance No. 2-B of the departure hall of the New International Passengers Terminus, Sahar. At about 21-45 Hrs., they accosted respondent Nos. 1 to 3 (hereinafter referred to as Rajesh, Atul and Pradeep' respectively). The trial of investigation that commenced thereafter led to startling discoveries. It was revealed that Rajesh was a passenger leaving India for Brussels. He had an air-ticket for a journey between Bombay-Brussels-Bombay. He admitted being in possession of brown sugar. Atul and Pradeep admitted that they had accompanied Rajesh to see him off 'safely'. Rajesh, Atul and Pradeep,


























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