Procedure is filed by the petitioners praying for a declaration that the provisions of sections 5 and 6 of the Import and Export Control Act, 1947, are illegal, unconstitutional and ultra vires the Constitution of India and further praying for quashing and setting aside the criminal prosecution in Criminal Case No. 2253/W of 1972 on the ground that it is in violation of the fundamental rights guaranteed under Article 21 of the Constitution of India on the ground of inordinate, callous, inexplicable and incomprehensible unexplained delay.

2.Petitioner Nos. 1 to 4 are directors of petitioner No. 5-Company. A complaint was lodged against the petitioners on the accusation that the petitioners have committed offences punishable under section 120-B, I.P.C. and section 5 of the Import and Export Control Act, 1947, and section 135 of the Customs Act, 1962.

3.It is stated that a raid was carried out in the year 1967 and a complaint was filed in the year 1972 in the Court of the learned Additional Chief Metropolitan Magistrate, Bombay. A writ petition was filed in 1973 on the Original Side of this High Court complaining of discrimination in the matter of permission between the petitioners and

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