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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
L. S. PIRZADA
Maneklal Ravjibhai Mistry – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. revision application against prior convictions. (Para 2) |
| 2. defense argues against voluntary confession. (Para 3) |
| 3. argument supports conviction affirmation. (Para 4 , 5) |
| 4. court's limited revisional jurisdiction. (Para 6) |
| 5. challenges on statement's admissibility. (Para 14 , 16) |
| 6. confirmation of findings against applicant. (Para 19) |
| 7. modification of sentence considering age. (Para 20 , 22 , 24) |
JUDGMENT :
L. S. Pirzada, J.
1. Rule. Learned A.P.P. Mr.Niraj Sharma waives service of Rule for the respondent no.1 and learned advocate Mr.Utkarsh Sharma waives service of Rule for the respondent no.2.
2. The present revision application preferred by the present applicant – original accused under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 08.10.2003 passed by the learned Sessions Judge, Valsad in Criminal Appeal No.9 of 2002 whereby, the appeal preferred by the present applicant – accused came to be dismissed and the judgment of conviction dated 31.07.1993 passed by the learned Additional Chief Judicial Magistrate, Valsad in Criminal Case No.1 of 1989, convicting the accused for the offence punishable under Se
Statements under Section 108 of the Customs Act are admissible unless proven involuntary; concurrent findings of conviction upheld when based on sufficient evidence despite challenges regarding the a....
Seizure of smuggled foreign Wrist Watches – Sentence can be reduced where mitigating factors are heavily loaded in favour of accused.
A confession under section 108 of the Customs Act must be proven voluntary and reliable; mere marking of documents does not equate to proof, and appellate courts should respect acquittals unless the ....
The prosecution must provide credible evidence to prove guilt beyond a reasonable doubt as mere confession under coercion lacks probative value.
The prosecution must prove the voluntary nature of statements given under section 108 of the Customs Act, and the statement under section 313 of Cr.P.C cannot replace substantive evidence.
The tribunal's reliance on witness statements was found flawed due to procedural non-compliance, leading to the dismissal of appeals against penalties under the Customs Act.
The court emphasized the importance of examining the voluntariness of a statement and the need for corroboration of evidence, rejecting a belated retraction and upholding the penalty based on the tru....
The admissibility of a statement and the validity of a retraction, as well as the role of the accused in the commission of the offense, are crucial in determining liability under the Customs Act.
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