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1984 Supreme(Guj) 17

A.P.RAVANI
B. M. CHUDASAMA, ASSTT. COLLECTOR OF CUSTOMS, BHAVNAGAR – Appellant
Versus
ISMAIL HUSSAIN KOREJA – Respondent


Advocates Appeared: H.L.PATEL, S.R.SHAH

A. P. RAVANI, J.

( 1 ) WHAT is the effect of smuggling activity on the national economy and on the common man. Does it not corrode the economy from within and does it not eat into the vitals of the economy? Should the Court not take a stern view and impose severe punishment when- ever an offence of smuggling and other allied offences are proved. This is the question which is required to be answered in this revision application.

( 2 ) THE petitioner is the Assistant Collector of Customs Bhavnagar. As per the complaint filed by the Customs Officer a criminal case being Criminal Case No. 3000 of 1982 was filed against respondents Nos. 1 to 7 herein. Respondent No. 7 could not be served before the trial Court and hence the trial against him was separated. The trial pro- ceeded only against original accused Nos. 1 to 6.

( 3 ) IT was alleged that during the night between 18/01/1932 and Jan 19/01/1982 a steam launch called Al-Shamsher was inter- cepted by the officers of the Customs department near Madhwad. Accused No. 1 Ismail Hussain Koreja was the Tindel of the vessel and other accused were the members of the crew. The Customs Officers on search of the vessel found that there were contr


















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