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2004 Supreme(Guj) 320

C.K.BUCH
Suraiya Mohammed Ikbal Gulamussain – Appellant
Versus
Assistant Collector of Customs – Respondent


Advocates Appeared: B.B.NAIK, I.M.PANDYA, MANISHA LAV KUMAR SHAH

C. K. BUCH., J.

( 1 ) THE petitioners-revisioners, by moving this Revision Application, have prayed for quashing and setting aside the judgment order dated 13th October, 1995, passed by the learned Chief Judicial magistrate, Kutch at Bhuj in Criminal case No. 1357/1984 and the Judgment and order dated 9th June. 2003 passed by the learned Sessions Judge, Kutch at bhuj in Criminal Appeal No. 39/1995, confirming the order of conviction passed by the learned trial Court holding the petitioners guilty of the offence punishable under Section 135 of the Customs act, 1962 (hereinafter referred to as "the act," ).

( 2 ) THE petitioners are the orig. accused persons of the aforesaid Criminal case, who have been tried on the strength of the complaint filed in the Court of learned Chief Judicial Magistrate, wherein it is alleged that the petitioners tried to export 550 sheep and goats out of which 182 goats were belonging to prohibited category i. e. Barbara breed. The export of goats of Barbara breed was prohibited under the Control Order issued under the provisions of Import and Export (Control) act, 1947 during the month of November. 1980. The prosecution, placed oral as well as documentary
















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