( 1 ) THIS is an application under Section 482 of the Code of Criminal Procedure alternatively under Article 227 of the Constitution of India for quashing the impugned proceeding being No. C 79 of 1992 pending before the learned Sub-divisional Judicial Magistrate, Basirhat and also for setting aside the order dated 7-2-1992 passed by the learned Sub-Divisional Judicial Magistrate, Basirhat in the said case and for return of the seized articles along with the seized fishing trawler named 'm. V. Mina' to the petitioners.

( 2 ) PETITIONER No. 7 is the owner of the seized trawler 'm. V. Mina'. On 18-1-1992 at about 6 p. m. the Patrol party of Shamser Nagar B. O. P. in course of their patrolling duty in the Jammu Deep area intercepted the disputed fishing trawler 'm. V. Mina' which was proceeding towards Jammu Deep from the near Khal, namely, Narayan Tala. On suspicion the Patrol party apprehended six Bangladeshi nationals along with the trawler and other goods and forwarded the same to the Customs Officer at Hasnabad on 24-12-1992. The Customs Officer arrested those occupants and seized the fishing trawler including a portion of the fishing net and other articles like