Special leave granted.
2.This appeal is directed against the order of the Punjab and Haryana High Court dated January 29, 1993 wherein a complaint filed against the respondents under Section 135 of the Customs Act 1962 has been quashed under Section 482 of the Criminal Procedure Code.
3. We have heard Mr. Ashok Sen, learned senior counsel and Mr. Harjinder Singh, learned counsel for the respondents. We have been taken through the contents of the complaint which is a part of the paper book. We are of the view that the allegations in the complaint if proved to be correct, would clearly make out an offence against the respondents. The learned single Judge of the High Court was wholly unjustified in quashing the complaint. The learned Judge, in the impugned judgment, observed as follows :-
"…..The main evidence on which reliance is placed are the confessional statements of accused-1 and 2 in which they have implicated the petitioners also about their involvement in the smuggling of silver."Obviously this question of fact cannot
"….. be gone into in the present proceedings but the fact remains that the documents are such which are not authentic and are prepared by the persons who have definitely been found in possession of smuggled silver. The names mentioned in the documents of (sic) prepared by them may be self-serving to create a defence in case they are caught."
"…..I agree with the contention of the learned counsel for the petitioners that there are bleak chances of conviction on the basis of the evidence relied upon by the complainant and in such a case criminal proceedings should be quashed."4.The learned Judge fell into patent error in assessing the chances of conviction/acquittal without there being any evidence on the record. The learned judge wholly misdirected himself and fell into patent error in quashing the proceedings in utter disregard of the repeated pronouncements of this Court on the subject.
5.We allow the appeal, set aside the order of the High Court and dismiss the application filed by the respondents under Section 482 of the Criminal Procedure Code. We direct the trial court to proceed with the trial expeditiously in accordance with law. We make it clear that we are not expressing any view on the merits of the allegations.
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