PAREED PILLAY
Venilal Mehta – Appellant
Versus
Asst. Collector of Central Excise – Respondent
Revision petitioners are Al and A2 in C.C.123 of 1985 of the Addl. Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. They stood charged under S.135(I)(i) of the Customs Act and S.85(I)(a) of the Gold (Control) Act. They were found guilty by the trial Court and were convicted and sentenced to suffer rigorous imprisonment for one year for each of the two offences besides a fine of Rs.25,000/- and in default of payment of fine there is direction to suffer simple imprisonment for six months more. They filed CrI.A. 69 of 1987 before the Sessions Court, Ernakulam. The IV th Addl. Sessions Judge heard the appeal and dismissed the same confirming the conviction and sentence.
2. The prosecution case is that on receipt of information that revision petitioners had secreted contraband gold in Room No.316 of the Dwaraka Hotel, Ernakulam, P.W.I the Superintendent of Customs II, Cochin visited the room on 2-5-1984 at about 9.20 a.m. and on search he found that 60 gold biscuits weighing 6990 grams were concealed in M.O.3 suit case. Prosecution examined P.Ws.1 to 8 and marked Exts.P1 to P47. M .Os.1 to 3 were also marked.
3. Learned counsel for the revision petitioners did
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