JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred praying for quashing of the order dated 05.04.2018 read with order dated 05.12.2018 passed in Complaint Case No. 1108 of 2016 arising out of Seizure Case No. 1/Seizure/CL/IMP/CUS/GD/2016 dated 22.09.2016 under Section 110 of Customs Act, 1962 for the offence punishable under Section 135 1(b)(ii) of the Customs Act, 1962 pending before the learned Chief Judicial Magistrate, Krishnanagar, Nadia.

2. The petitioner’s case is that the petitioner is a public servant and is duly authorized to file this petition before this Hon’ble Court as per provisions of law and has preferred this application against the order dated 05.04.2018 read with order dated 05.12.2018 passed in Complaint Case No. 1108 of 2016 by the learned Chief Judicial Magistrate, Krishnanagar, Nadia wherein the learned Court was pleased to pass the order stating inter-alia:

“………that the seized articles in connection with the case be returned to the accused on furnishing a bond of Rs.1 Crore and on further conditions that the accused will be liable to produce such articles before the Court as and when called for by the Court. It is also clarified that the accused will not dispose the article till the final disposal of the case.”

3. Mr. K.K. Maiti, learned counsel for the petitioner has submitted that the above case has arisen out of the following facts:

(a) That acting on the basis of a specific information recorded vide DRI No. 01/16 dated 22.09.2016 the Customs Officers of Gede Land Customs Unit, Gede Nadia on 22.09.2016 at 12.00 Hours at the time of baggage clearance searched the opposite party who was returning from Bangladesh through Gede Land Customs Station in presence of two independent witnesses and recovered two yellow coloured metallic bars believed to be gold of Foreign origin weighing 2.648 kgs., valued at Rs.81,84,000/-only from his possession. The goods were concealed in between the feet and sole of his shoes (one piece under each foot).

(b) That a Panchanama of the incident was drawn in presence of two independent witnesses and a copy of the same was handed over to the opposite party. On demand by the Customs Officer the opposite party failed to produce any document whatsoever in support of legal importation, possession, acquisition or transportation of the said goods. Hence, inventory of the said goods was done in presence of two independent witnesses and were seized under section 110 of the Customs Act, 1962 vide seizure case no. 01/Seizure/CL/IMP/CUS/GD/2016 dated 22.09.2016 on the reasonable belief that the said goods so recovered had been illegally imported into India from Bangladesh through an unauthorized route in contravention of section 7(c) of the said Act read with section 77 of the said Act, Rule 3 of Baggage Rules, 2016 and Regulation 3 of the Customs Baggage Declaration Regulations, 2013, thus, rendering the goods liable for confiscation under Section 111(b) and 111(d) of the Customs Act, 1962.

(c) That subsequently a local gold smith namely M/s. Bhagabati Jewellers, Majdia, Nadia was contacted for examination of the seized goods and the said Gold Smith after examining the same has issued a certificate regarding the purity, weight and value of gold. The said Gold Smith certified that it was 24 carat gold, weighing 2.648 kgs., and valued approximately at Rs.81,84,000/-.

(d) That the opposite party’s voluntary statement under section 108 of the Customs Act, 1962 was obtained and recorded on 22.09.2016. The opposite party admitted his guilt confirming that he illegally imported the said two yellow metallic bars into India by concealing the same in between the feet and sole of his shoes. During the course of investigation the opposite party confirmed the names of other persons involved in the same.

(e) That thereafter the opposite party was arrested on 22.09.2016 at 4.30 hours at Gede LCS under section 104 of the Customs Act for the offence punishable under section 135 of the Cu