A.K. Sikri, J.-All these petitions involve same question of law with almost same factual foundation. Therefore, these are disposed of by this common judgment to avoid repeating the legal position. After restating the legal principles in the first case, each case is dealt with separately.

Crl. M.C. No. 2173/2004 & Crl. M. C. No. 991/2004

2. Sh. RK. Vohra, Intelligence Officer of the Directorate Revenue Intelligence (DRI), New Delhi, has filed complaint under Section 135(1)(a) of the Customs Act, 1962 which is pending in the Court of learned Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi. Petitioner herein is arraigned as accused No. 1. Other accused person is one Mr. Joginder Pal Singh @ Jagmohan Singh. Taking cognizance of this complaint, both the accused persons were summoned by the learned ACMM. On receiving the summons, the petitioner filed application for his discharge which application has been dismissed by the learned ACMM vide order dated 17.2.2004. In fact, other co-accused had also filed similar application and vide the impugned order, both these applications have been dismissed. In these circumstances, petitioner has approached this Court