JUDGMENT

V.K. Shali, J.

1. By virtue of the present petition under section 482 Cr.P.C., the petitioner, that is, the Directorate of Revenue Intelligence (hereinafter referred to as DRI), has challenged the order dated 8.12.2003 by virtue of which the learned ACMM, New Delhi, had discharged the accused persons on account of lack of territorial jurisdiction, however, liberty was granted to the complainant to file the complaint before the concerned court having the jurisdiction in accordance with law.

2. Briefly stated, the facts of the case are that a complaint under Section 135 (1) (b) of the Customs Act, 1962, came to be filed against four persons, namely, Lakhwinder Singh @ Lukha Pusia, Gurmej Singh, Jagbir Singh and Harkesh Chand. In the present petition, so far as accused Lakhwinder Singh is concerned, he is declared as proclaimed offender by the trial court and, therefore, he is not impleaded as a party. Accused Jagbir Singh and Harkesh Chand (respondent Nos.2 and 3 respectively herein) are stated to be not represented while accused Gurmej Singh (respondent No.1 herein) is the only accused who is represented before this court. The allegations contained in the complaint were