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1983 Supreme(Cal) 148

MANASH NATH ROY
BAIDYANATH BASAK – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
MAHITOSH MAJUMDAR, Narendra Ch.Saha, S.M.SANYAL

MANASHNATH ROY, J.

( 1 ) ON or about 30th March, 1972, Customs Officers appeared and searched premises No. 35, Nalini Seth Road, Calcutta. It has been alleged that the said officers searched the concerned premises after breaking open the door and that too in spite of objections by the petitioner and his men. It would appear that thereafter, the petitioner along with others, who were present at the spot were arrested and taken to Customs House, where written statements were obtained from them and after that, those persons including the petitioner were taken to the police lock up on 30th March 1972. It is an admitted fact that the persons so arrested along with the petitioner, were released on bail on 31st March, 1972, by the learned Additional Chief Presidency Magistrate, Calcutta and on 28th June 1972 a petition of complaint was filed by the Assistant Collector of Customs for Preventive (General), in the court of the learned Chief Presidency Magistrate, Calcutta under Section. , 35 of the Gold (Control) Act, 1968 (hereinafter referred to as the said Act) read with Section 8 (1) of the same and under Section 135 of the Customs Act, 1962 (herein-after referred to as the said 1962 Ac










































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