G.F.COUTO
Mulchand Sampatraj Shah – Appellant
Versus
Dayashankar Assistant Collector of Customs – Respondent
Dr. G.F. Couto. J. - The above three criminal miscellaneous applications directed against the same Order dated 4th September 1986, passed by the learned Judicial Magistrate First Class Daman, issuing process against the petitioners and others in a customs case under section 135 of the Customs Act. 1962, filed against them by the respondent No. I, give rise to the same issues. Hence, this common judgement.
2. The first respondent filed a criminal complaint for offences punishable under section 135 of the Customs Act against the petitioners as well as against one Haribhai Vallabhbhai Tandel and one Nitin Ramanlal Shah 'alias 'Popat' on the ground that on information received by the Directorate of Revenue Intelligence, Delhi, that one D'Souza who was wanted in connection with the seizure of 2 kgs. of hashish was staying at Maurya Hotel at Delhi, the room No. 645 of the said Hotel was searched on 20th April. 1982. D'Souza, one Jogi Mangal and one Haribai Tandel were found in the said room and on a preliminary inquiry, it was revealed that they had come to Delhi from Bombay in the morning of 9th April, 1982, by the Indian Airlines flight. Further, on personal search of the said T
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