Advocates:
['M/S N P KUMAR SPECIAL PUBLIC PROSECUTOR', 'S GANESAN S/O SUBBUSAMY', 'NO', 'ST FLOOR', 'TH MAIN ROAD', 'KASTHURIBAI NAGAR', 'ADAYAR', 'CHENNAI']

Crl.R.C.No.372 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 28.06.2022

Pronounced on : 14.07.2022

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Crl.R.C.No.372 of 2022

The Assistant Commissioner of Customs,

Prosecution Unit,

Air Cargo Commissionerate,

New Custom House,

Chennai – 600 016.

... Petitioner

Versus

S.Ganesan

... Respondent

Prayer: Criminal Revision Petition is filed under Section 397 of

Criminal Procedure Code, to set aside the order dated 20.04.2021 in

Crl.M.P.No.55 of 2020 in R.R.No.8 of 2015 in F.No.DRI/CZU/VII/48/Enq.-

01/Int-11/2015, on the file of the Learned Judicial Magistrate, Special Court

for Customs, Alandur, for the reason stated above.

For Petitioner

: Mr. N.P.Kumar,

Special Public Prosecutor,

Central Government.

For Respondent

: Mr. S.Ganesan

(Party-in-Person)

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Crl.R.C.No.372 of 2022

ORDER

This Criminal Revision is filed by the Assistant Commissioner of

Customs, Prosecution Unit, Air Cargo Commissionerate, New Custom

House, Chennai – 600 016, against the order of the Learned Judicial

Magistrate, Special Court for Customs, Alandur, dated 20.04.2021 in

Crl.M.P.No.55 of 2020, in and by which, the application filed by the

petitioner, in which, the respondent is the first accused in un-numbered

C.C.No...... of 2019, arising out of in R.R.No.8 of 2015 in F.No.DRI/

CZU/VII/48/Enq.-01/Int-11/2015, in O.S.No.08/2017-INT-AIR, was

allowed and thereby, dropping the proceedings against the accused

No.1/respondent, in this case.

2.For the sake of convenience, the petitioner is referred to as the

Complainant and the respondent is referred to as Accused No. 1, as per their

ranks arrayed before the Court below.

3.The gist of the allegations made in the complaint is that the third

and fourth accused, in the guise of importing electronic goods viz., mobile

phones etc., had actually smuggled gold bars, inside the cartons and the first

accused, who is running a security agency, authorized by the Airports

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Crl.R.C.No.372 of 2022

Authority of India, with full knowledge of the said illegality, through his

employees viz., the second accused/K.Francis and the fifth

accused/P.Karunanithi, had help in bringing the gold bars in the cover of

mobile phones from the Cargo shed inside the Airport out of the customs

frontier and thus all the accused have colluded, conspired and committed

the offenses punishable under Section 132, 135 of Customs Act, 1962 and

therefore, the private complaint was filed.

4.When the private complaint was adjourned to be listed under the

caption as to be “check and call on”, even before recording of the sworn

statement and the complaint was taken on file and at the diary number stage

itself, the Accused No. 1 had filed an application for dropping proceedings

and the same was allowed, against which the present revision is filed. This

complaint was presented before the Special Court for Customs, on

31.12.2019 and it was adjourned as “check and call on” on 04.01.2020.

Again, on 04.01.2020, an endorsement was made that back file from the

Judicial Magistrate has not reached and it is adjourned for call on, on

13.01.2020. From then onwards, the case has been adjourned under the

same caption from time to time. On 06.11.2020, the accused No.1 appeared

before the Court and filed the present petition at this stage.

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Crl.R.C.No.372 of 2022

5.The contentions raised by the Accused No.1 in the above

application is that the Hon'ble Supreme Court of India, in Radheshyam

Kejriwal Vs. State of West Bengal and Anr.¹, has held that once the

Appellate Authority decided the case on merits, in respect of particular

charge, the prosecution in respect of self-same charge cannot be thereafter

maintainable as against the accused person.