JUDGMENT - ASHOK AGARWAL, J.:---The petitioner who is the Assistant Collector of Customs and Central Excise, being aggrieved by the order of grant of bail dated the 1st of July, 1987 passed by the learned Judicial Magistrate, First Class, Bhiwandi, in a prosecution under section 135 of the Customs Act, has presented the present Revision Application.

2. On the 28th June, 1987 a truck bearing No. MTV 2168 was intercepted near the petrol pump on Agra Road near Bhiwandi S.T. bus stand and 91 packages of 100% polyester texturised yarn of Korian origin came to be seized. On investigation it was revealed that the respondent No. 1 is a transport agent engaged in smuggling of the aforesaid polyester texturised yarn from Nepal to Seliguri and thereafter to Bhiwandi via Calcutta. Respondent Nos. 2 and 3 are partners of Archana Transport Company having their office outside the Octroi Naka of Bhiwandi. They owned two trucks which were engaged in transporting the said smuggled yarn from outside the Octroi Naka to various destinations in Bhiwandi and other places. They also owned a godown from where more goods of the aforesaid description were seized. Respondents No. 4 and 5 are drivers engaged b

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