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3. Sri Samir Kumar Mukherjee, Deputy Chief Controller of Imports and Exports lodged a complaint against the petitioners before the learned Chief Metropolitan Magistrate, Calcutta on 27th December, 1989 which was registered as G.R. Case No. 62 of 90 and the said case was subsequently converted to a Complaint case and renumbered as Complaint Case No. C/888/91 under Section 120B/420/467/468/471 of the Indian Penal Code, read with Section 5 of the Import and Export (Control) Act and Section 132/135 of the Customs Act.

4. Learned Chief Metropolitan Magistrate was pleased to take cognizance on 5th January, 1990 and transferred the case to the learned 10th Court of Metropolitan Magistrate for disposal on 5th January, 1990. The case was subsequently transferred to the learned 12th Court of Metropolitan Magistrate and after examination of 24 witnesses, learned Trial Court was pleased to frame charge on 22nd February, 1995 against the petitioners for committing offence punishable under Section 120B, read with Section 420/467/468/471 of the Indian Penal Code and Section 5 of the Import and Export (Control) Act and Section 132/135 of the Customs Act. The petitioners pleaded their innocence to the charges framed against them and claimed to be tried.