JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This criminal writ petition is filed by the petitioner/original complainant, who is the Assistant Collector of Customs, Bombay, being aggrieved by the order dated 17th March, 1994 passed by the learned Metropolitan Magistrate, 32nd Court, Esplanade, Bombay, rejecting the application made by the complainant for recalling the prosecution witness No. 1. It is prayed that the impugned order be set-aside and quashed, and the complainant's application for recalling witness i.e. P.W. 1 on 16th March, 1994 in Case No. 1/CW-1989 be granted.

2. Few facts which are required to be stated are as follows :

Prosecution was initiated by Assistant Collector of Customs against two accused by name Ebrahim Haji Husen Sanghani and Jakoo Kasam Bavla for offences punishable under section 135(1)(a) and section 135(1)(b) both read with section 135(1)(i) of the Customs Act, 1962 and under section 5 of the Imports and Exports (Control) Act, 1947. The complaint was filed on 19th August, 1988. Evidence before charge was recorded and charge was framed against both the accused. They pleaded not guilty and claimed to be tried. Prosecution examined in all four witnesses in sup

Click Here to Read the rest of this document