ORDER :

(Common Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for entire records in C.C.No.101 of 2013 pending on file of Additional Chief Metropolitan Magistrate Court (E.O.II) at Egmore and quash the same.)

Today, these cases were listed under the caption, “For Maintainability”.

2. This petition has been filed for the second time to quash the proceedings initiated for the offences under Section 132 and 135 of the Customs Act, 1962. The allegations against the petitioner is that for exporting red sander pieces/logs in violation the Customs Act, 1962.

3. The learned counsel for the petitioner submitted that the petitioner is maintainable since the previous quash petition filed before this Court in Crl.O.P.Nos.6886, 6890 & 6894 of 2018 was dismissed on 19.04.2022 without proper appreciation of the ground of merits. Therefore, the second quash petition is maintainable and he also placed reliance on the judgment of the Hon’ble Apex Court in the case of Superintendent and Remembrance of Legal Affairs, West Bengal vs. Mohan Singh & Others. Hence, this second quash is maintainable.

4. At the outset, I am not agreeing with the learned counsel, a