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2010 Supreme(Guj) 420

RAJESH H.SHUKLA
Amad Noormamad Bakali – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Criminal Revision Application No.381 of 2005
Mr. J.B. Pardiwala, with Ms. Megha Jani, for the Applicant No. 1.
Mr. L.R. Poojari App, for the Respondent No. 1.
Ms. Amee Yajnik, for the Respondent No. 2.
Mrm. Iqbal A. Shaikh, for the Respondent No. 3.
Criminal Revision Application No.385 of 2005
Mr. H.A. Dave, for the Applicant No. 1.
Mr. L.R. Poojari, App, for the Respondent No. 1.
Ms. Amee Yajnik, for the Respondent No. 2.
Criminal Revision Application Nos.386 to 390 of 2005
Mr. B.B. Naik, Sr.Adv. with Mr. D.K. Nakrani, for the Applicant No. 1.
Mr. L.R. Poojari App, for the Respondent No. 1 in all matters,
Ms. Amee Yajnik, for the Respondent No. 2 in all matters,

Judgment

Rajesh H. Shukla, J.—As in all these Criminal Revision Applications, common questions arise for consideration as the aforeasid Revision Applications are also arising from the common judgement and order of the learned Additional Sessions Judge, Kutch at Bhuj, they are being considered simultaneously by the present common order.

2. The present Revision Applications have been filed challenging the impugned judgment and order passed by the learned Additional Sessions Judge, Kutch at Bhuj, in Criminal Appeal No. 28/2003 dated 21.5.2005 confirming the judgment and decree passed in Criminal Case No. 566/87 by the learned Chief Judicial Magistrate, Bhuj, dated 26.3.2003 recording conviction of the present applicants, original accused Nos. 2, 1, 5, 7, 3, 11 & 6 respectively, on the grounds set out in these applications.

3. In all there were 21 accused persons who were tried for the alleged offences under Section 135(1)(b)(i) of the Customs Act, 1962. Out of this, A-9, A-12, A-13, A-15, A-16, A-17, A-19, A-21 were acquitted. Accused Nos. A-1, A-2, A-3, A-5, A-6, A-7 and A-11 were convicted and held guilty, whereas A-4, A-8, A-18 and A-20 were not available and their trial was separated
















































































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