Dr. G.F. Couto. J. - The above three criminal miscellaneous applications directed against the same Order dated 4th September 1986, passed by the learned Judicial Magistrate First Class Daman, issuing process against the petitioners and others in a customs case under section 135 of the Customs Act. 1962, filed against them by the respondent No. I, give rise to the same issues. Hence, this common judgement.

2. The first respondent filed a criminal complaint for offences punishable under section 135 of the Customs Act against the petitioners as well as against one Haribhai Vallabhbhai Tandel and one Nitin Ramanlal Shah 'alias 'Popat' on the ground that on information received by the Directorate of Revenue Intelligence, Delhi, that one D'Souza who was wanted in connection with the seizure of 2 kgs. of hashish was staying at Maurya Hotel at Delhi, the room No. 645 of the said Hotel was searched on 20th April. 1982. D'Souza, one Jogi Mangal and one Haribai Tandel were found in the said room and on a preliminary inquiry, it was revealed that they had come to Delhi from Bombay in the morning of 9th April, 1982, by the Indian Airlines flight. Further, on personal search of the said Tan del, some articles such as a telephone index dairy, some loose documents and one Indian Airlines ticket for Bombay-Delhi-Bombay were recovered from his possession The said loose documents, according to the complainant, were prima facie revealing the receipt and disposal of massive quantities of smuggled gold as also transfer of huge amounts of sale proceeds through unlawful channels.

3. It is alleged that on the basis of such documents the Directorate of Revenue intelligence proceeded with the investigation and the same disclosed that Tandel, who is a resident of Nani Daman, has also a flat in Bombay. On interrogation he explained the various entries. In the said documents and it was found that during the period starting on 30th December, 1981 and ending on 26th January, 1982, 3810 tolas of gold of foreign origin had been sold by Tandel to the accused Mitin. It was further found that 450 gold biscuits valued at Rs. 96,94,725/- as, well as another consignment of 523 gold biscuits had been sent from Dubai on account of the accused Pravinchandra Shah. The investigated also revealed according to the complaint, that the smuggled gold has also been delivered on several occasions to the petitioners Mulchand and Futermal and that gold used to be sent by one Haji Ashraf from Dubai in his launches and landed on the coast of Daman.

4. It is finally averred that the investigation also revealed that the sale proceeds of the smuggled gold and wristwatches were remitted through unlawful channels, namely by the 'Havala' system, by the accused Nitin through the petitioner Mulchand; that on the basis of seizure of documents found in possession of the accused Tandel, the premises of Mulchand had been searched and some documents seized; and that the entries in the documents seized from the premises of Mulchand were corresponding and tallying with the entries appearing in the documents seized from Tandel.

5. Sanction to prosecute granted by the Collector of Customs and a list of documents were filed alongwith the complaint. No other evidence, documentary or otherwise, was relied upon.

6. The learned Judicial Magistrate, First Class, Daman by his Order dated 4th Sept. 1986 was pleased' to issue process on the sole strength of this complaint for offences - punishable under section 135 of the Customs Act, 1962. It is this Order that is being challenged by the petitioners in these Criminal miscellaneous applications under section 482 Cr. P.C.

7. The petitioners' case is that it is clear from the facts disclosed in the complaint itself that a case was sought to be made out against them solely on the basis of the statement of the accused No.1. Tandel recorded by the Customs Authorities under, Section 108 of the Customs Act. The said statement is inculpatory in nature and it seem