State of Maharashtra v. Sunder P. Lalvani - 1992 Supreme(Online)(Bom) 22

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1992 Supreme(Online)(Bom) 22

BOMBAY HIGH COURT
Moharir, J
State of Maharashtra v. Sunder P. Lalvani

Advocates:
For the Appellant: Mr. Vashi
For the Respondent:Mr. Patwardhan, Senior Advocate

Table of Content
1. introduction of appeal against acquittal and accused's non-appearance. (Para 1 , 2)
2. arguments regarding the ex parte nature of the prior decision. (Para 3 , 4 , 5)
3. discussion on the misuse of judicial procedure and relevance of prior case law. (Para 6 , 7 , 8 , 9 , 10)
4. the finality of court decisions and responsibilities of litigating parties. (Para 11 , 12 , 13)
5. conclusion confirming the sentence imposed on the accused. (Para 14 , 15 , 16)

1. This is an application filed by the original accused in Criminal Appeal No. 415 of 1983. This Court, by a final Judgment and Order dated 26-8-1991, allowed the Criminal Appeal which had been filed by the State of Maharashtra. That appeal was directed against an order of acquittal passed by the learned Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Bombay, on 3-5-1983. The accused, who is a businessman, was charged with having committed an offence punishable under S. 5 of the Imports and Exports (Control) Act, 1947 , essentially in so far as having obtained an import licence valued at Rs. 47, 84,761/-had imported items on the basis that they were for his actual use and that the same had been sold