JUDGMENT :

1. Heard Mr. Johny L Tochhawng, learned counsel appearing for the appellant. None appears for the respondents.

2. This appeal has been preferred under Section 378 (4) of Cr.P.C challenging the judgment and order dated 09.11.2020 passed by Chief Judicial Magistrate, Champhai, Mizoram in Criminal Complaint No. 17/2018 in connection with Customs Case No. 04/CL/IMP/CUS/CPF-CPI/18-19 under Section 135 of the Customs Act, 1962, wherein the Chief Judicial Magistrate, Champhai had dismissed the Criminal Complaint No. 17/2018 on the ground of non-prosecution of the case and delay of submitting final complaintsheet/charge-sheet and then discharged all the accused persons from the offence committed by them.

3. Being highly aggrieved and dissatisfied with the order as aforesaid, the appellant has preferred the instant appeal praying to set aside the impugned judgment and order dated 09.11.2020 passed by the Chief Judicial Magistrate, Champhai in Criminal Complaint Case No. 17/2018 and to restore the said criminal complaint and also to allow the appellant to submit the final complaintsheet.

4. The brief facts of the case is that on 31.07.2018 at about 5.30 a.m. acting upon the reliable information, the combined team of the Customs Officers along with Assam rifles personnel proceeded towards Vaphai, Champhai district. At about 3.00 p.m., the team stopped three motor bikes of foreign origin with 5 (five) persons and conducted search thereon. The customs officers found three nos. of air compressors (old and used) under seat of each bike. The customs Officers were suspicious as the weight of an air compressor was heavier than a normal air compressor. When the air compressors were opened, the Customs Officers noticed some yellow metal biscuits believed to be gold. After proper checking, about 218 gold biscuits were recovered from the possession of the aforesaid five persons. Except gold biscuits, the Custom Officers also recovered some Indian and foreign currencies from the possession of the aforesaid five persons. On enquiry, the said five persons were identified themselves as 1. Zamsawmtuanga, 2. En Chin Thawn Dal 3. Haulammang 4. KhualLam Thang, 5. Lallianpuia and they failed to produce any valid documents for carrying those gold biscuits.

5. On failing to provide such documents, the Custom Officers informed them about illegal nature of detected goods and accordingly detained the recovered items. Thereafter, the aforesaid persons were brought to Customs office at Champhai and accordingly seizures of those recovered articles were made. One Goldsmith of Champhai was called for weighment of the seized articles and after weighment, the seized articles were found to be 36316.5 grms in total and valued at Rs. 11,18,89,612/-(Rupees Eleven Crore, Eighteen Lakhs, Eighty-Nine Thousand, Six Hundred and Twelve) only.

6. After completion of all seizure formalities, the five persons were arrested for violation of provision of the Act, punishable under Section 135 of the Customs Act, 1962. Subsequently, those five persons were produced before the Court on 02.08.2018 except Lallianpuia who was minor at the time of the incident, the other 4(four) persons were sent to Judicial Custody. The minor Lallianpuia was sent to J.J.B. Champhai. Subsequently, on 03.08.2018 all the four accused persons were released on bail by CJM, Champhai.

7. The criminal complaint was submitted before the CJM, Champhai and the same was registered as Criminal Complaint No. 17/2018 A/o Customs Case No. 04/CL/IMP/CUS/CPF-CPI/18-19 under Section 135 of the Customs Act, 1962. However, the complainant failed to submit complaintsheet after lapse of two years from the date of filing of the criminal complaint and as such, the case was dismissed on 09.11.2020 by Chief Judicial Magistrate, Champhai, Mizoram due to non-prosecution and failure to submit chargesheet for the period of two years and then discharged the aforesaid four accused persons.

8. The Chief Judicial Magistrate, Cham