JUDGMENT :

This criminal petition has been filed under Section 482 of the Cr.PC seeking quashment of Customs case No. 05/CL/IMP/CUS/CPF/NML/2020-2021 dated 15.03.2021 pending in the court of the learned Chief Judicial Magistrate, Golaghat.

2. Heard Mr. D Saikia, learned senior counsel for the petitioners. Also heard Mr. SC Keyal, learned Standing Counsel, respondent/Customs Department.

3. The fact of the case is that on 14.03.2021, at about 23:30 hours (11:30 pm), a flying squad from Ghiladhari Police Station recovered 8 (eight) silvery marmosets, 2 (two) golden headed lion tamarins and 2 (two) lutino blue and gold macaws from a Scorpio vehicle bearing registration No. AS-01/EA-4707 travelling from Merapani to Golaghat. The three accused persons/petitioners herein, upon interrogation, stated that the exotic animals and birds so recovered were collected from Imphal, Manipur and were being taken to Chennai. On 15.03.2021, the Officer-In-Charge, Ghiladhari Police Station, Golaghat handed over the detected items, i.e., the recovered animals and birds and the vehicle along with the accused persons/petitioners to the Range Forest Officer, Jamuguri Range, Golaghat who in turn informed that t