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1972 Supreme(SC) 536

A.ALAGIRISWAMI, I.D.DUA, J.M.SHELAT
Kapurchand Kesrimal Jain – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Appeal allowed

Judgment

DUA, J. :- This is an appeal by special leave from the judgment of the High Court of Judicature at Bombay dismissing in limine with one word "dismissed", the appeal preferred by the appellant against the judgment of the Additional Chief Presidency Magistrate, 19th Court, Esplanade, Bombay, convicting him under S. 135 (a) and (b) read with S. 135 (i) of the Customs Act, 1962 and under Rule 126H (A) of Part XII-A of the Defence of India Rules, 1962 (as amended) read with Rule 126P (ii) and (iv). The appellant was sentenced to various terms of imprisonment and to a substantial amount of fine to which it is unnecessary to refer for the purposes of the present appeal.

2. The only argument addressed by Shri Porus Mehta, the learned counsel appearing before us in support of the appeal is that the High Court was wrong in dismissing the appellant s appeal in limine because the appeal involved arguable points requiring appreciation and reappraisal of the evidence on questions of fact and it also raised important questions of law. The prosecution case, broadly stated, may be narrated here for the purpose of appreciating the appellant s submission.

3. On October 2, 1970 Shri D. V. Sohini





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