( 1 ) SEEKING to quash the proceedings of case No. C-167 of 1990 pending before the learned Metropolitan Magistrate, 9th Court, Calcutta and for setting aside the Order dated July 20, 2000 passed by the said learned Magistrate thereby framing a charge under section 85 (i) (ii) (a) 85 (i) (iii) (a)/ 85 (i) (iv) (a) of the Gold Control Act, 1968 and under section 135 (i) (b) (i) of the customs Act, 1962 against the aforesaid petitioner, this application has been taken out on several grounds. Principal amongst them relate to demolition of part cause of action of the Revenue before the Appellate Authority where the Appeal preferred against the adjudication Order by the Revenue was dismissed; exoneration in one forum i. e. , the Adjudication Authority being the Additional Collector of Customs (Preventive); the Criminal prosecution arising out of the same incident was also liable to fail; the petitioner has been facing the agony of the case since March, 1990 which has resulted in the proceeding being oppressive and harassive in nature; such long pendency of the proceeding before the learned Magistrate has eroded the Fundamental Right of the petitioner to a speedy trial a