( 1 ) A very interesting legal point has been raised by Mr. S. S. Dass, counsel for the respondent/union of India on the maintainability of this petition. According to him even though adjudicating authority has exonerated the petitioner, pursuance to which criminal action intialed by the respondent on the same facts and circumstances cannot be sustained, yet the petitioner should first approach the trial court under Section 245 (2) Cr. P. C. instead of invoking the inherent jurisdiction of this Court.

( 2 ) IN order to deal with this contention, in nutshell the case of the prosecution is that on 23rd April, 1988 two trucks Nos. HYO-7141 and HYO 2297 were intercepted by U. P. Police at Ghaziabad Delhi border. 167 gunny bags containing 6012 kgs. of synthetic yarn were seized from truck No. HYO-714. 1 and 149 gunny bags containing 5643 kns. of the same material were seized from truck No. HYO-2297. The seized trucks and the yarn were handed over by the police to the Directorate of Revenue Intelligence, New Delhi who seized the goods on 24th April, 1980 under the Customs Act, 1962. Kulwant Singh was the driver of Truck No. HYO-7141. He was arrested pursuant to the same. T