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2008 Supreme(Del) 612

ARUNA SURESH
Trilok Nath Mittal – Appellant
Versus
Customs – Respondent


Advocates appeared:
Mr. T.N. Mittal, Advocate with Mr. Ramesh Gupta, Mr. Akshay Anand, Ms. Soonam Nagrath, Advocates for the Petitioner.
Mr. Satish Aggarwal, Advocate Ms. Pooja Bhaskar, Advocate for the Respondent.

JUDGMENT

Aruna Suresh, J.

1. Petitioner Trilok Nath Mittal is facing trial in complaint Case No. 32/1/94 titled Customs v. D.L. Anand & Ors., as accused No.2 filed by respondent No.1 Inspector (Preventive) Customs Collectorate, Delhi. The allegations against the Petitioner in the said complaint are that on 15.03.1992 a search was conducted in the godown at the ground floor premises of building No. 12/21, Shakti Nagar, Delhi which was in possession of Darshan Lal Anand. Ai:; a result of search 252 video cassette players and ball bearings allegedly of foreign origin collectively valued at Rs. 53,78,250/and one bill book of M/s. Anand Auto Industries were recovered and seized. The Petitioner in the said complaint was prosecuted for offence punishable under Section 135 (1) (b) of the Customs Act, 1962. The complaint against the present petitioner was filed in the year 1994 and the learned Additional Chief Metropolitan Magistrate, (ACMM) New Delhi took cognizance of the complaint and fixed the case for pre-charge evidence. The Petitioner was summoned and pre-charge evidence was concluded on 21.07.2006. After hearing the parties order on charge was passed on 19.04.2007. Against this order











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