Bombay High Court
Chubby Ekwealcoh
Versus
A.K.Sekar
Decided On:

Headnote:Section 36- Trial.

       Form of not depending on date of commission of offence. Taking of cognizance of offence. Constitution of Spl. Court and irrepective of offence date, Spl. Court to try it.

       Section 23 r/w Section 28-Customs Act, 1962, Section 135 (1) (a) r/w Section 135 (1) (ii), 137-Offence under.

       Conviction of accused for without obtaining sanction under Section 137, Costoms Act-His conviction liable to be set a side under Customs Act but not under N.D.P.S. Act because there under no sanction required.

       Section 21 r/w Section 8 (C)-Criminal Procedure Code 1973, Sections 200, 202 (2)--Cognizance of offence under.

       Public servants complaint for-immediate issue of process ordered-No challenge against committal order. Non-examination of complainants witnesses not vitiate committal.

       For Citation : 1995 Cr LJ 2238 (Bom): 1995 (1) Mah LR 808 : 1995 (2) BCrC 200 (Bom)