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2022 Supreme(Gau) 1218

MALASRI NANDI
Union of India represented by the Assistant Commissioner, Customs Division, Aizawl, Mizoram – Appellant
Versus
Zamsawmtuanga, S/o. TinKhan Khawl – Respondent


Advocates Appeared:
For the Appellant : Mr. Johny L. Tochhawng.

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 reliab

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