Paru Mrugesh Jaikrishna v. Assistant Collector of Customs Preventive; Deptt. Bombay and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1988 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
Kotwal, J
Paru Mrugesh Jaikrishna v. Assistant Collector of Customs Preventive; Deptt. Bombay and Another

Advocates:
For the Appellants/Petitioners: Mr. Desai
For the Respondents: Shri Gupte

Table of Content
1. description of facts leading to prosecution. (Para 1 , 2 , 3)
2. arguments regarding insufficiency of evidence. (Para 4 , 5 , 8 , 10 , 11)
3. court observations on evidence and legal principles. (Para 6 , 7 , 9 , 12)
4. conclusion to quash judicial process. (Para 13)

1. This is an application filed by the original accused 4 under S. 482 of the Cr. P.C. for quashing of process issued by the Chief Metropolitan Magistrate, Bombay in Case No. 28 / CW of 1986 whereunder the petitioner along with six others are sought to be prosecuted under S. 120 - B of the Penal Code read with S. 135 of the Customs Act .

2. The facts leading to the filing of the present application can be enumerated as under: -
On the 19th Mar., 1985 the original accused 2 and 3 were apprehended at the Sahar Air - port by the Customs Intelligence Officer when they were found to be carrying, foreign exchange. On their statements being recorded by the Customs Intelligence Officer, the original accused 1 who is the husband of the petitioner was apprehended at the domestic air - port and his statement was recorded separately. During the course of investigation the statements of accused 5 and 6 were recorded