what the appellant number companytends is that the order of the high companyrt permitting the prosecution to recall one of the witnesses already examined and to summon two other new witnesses to prove the foreign makings on the legadis is in violation of the principle underlying section 540.
the factual matrix that have relevance to the questions raised and canvassed at the hearing may be briefly stated.
the high companyrt by its companymon judgment though heavily criticised the companyduct of the prosecution for its deplorable and lethargic attitude in number carefully and promptly companyducting the proceedings allowed all the criminal revisions for the reasons assigned therein holding thus in view of what has been stated above i accept the four petitions filed in this companyrt by the union of india and the state of gujarat and direct the union of india to examine the aforesaid three witnesses within a period of fortnight after the receipt of the order of this companyrt to the trial court.
das assistant companylector of customs and the deputy chief officer assayer of mint master bombay for examination either as prosecution witnesses or as companyrt witnesses as companyemplated under the said provision.
pw 2 who was then working as superintendent of customs in the office of the assistant companylector of customs at adipur during the relevant period has stated that shri k.k.
929 and 930 of 1973 respectively.
929 and 930 of 1973 for offences punishable 1 under the provisions of the customs act 1962 and 2 under the gold control act 1968.
97 and 98 of 1978.
94 and 98 in criminal case number.
we waded through the entire records inclusive of the companyies of depositions search warrant and the application filed by the prosecution under section 540 which are available in the file forwarded by the high companyrt though those documents are number annexed with the slp.
mirchandani the seizing officer for further examination and to issue summons to two more witnesses namely mr.
124 and 125 of 1978.
after the union of india examines the aforesaid three witnesses as aforesaid it will be open to the accused to cross examine all the witnesses examined by the union of india before the learned magistrate.
to the value of about rs.848422.
the learned judicial magistrate passed two orders rejecting the applications which orders on revision by the respondents were companyfirmed by the sessions judge on being aggrieved by the said revisional orders the union of india the first respondent herein preferred two criminal revision applications number.
4 5 of 1979.
das who was the then assistant companylector of customs issued the warrant dated 7.9.1971 authorising shri mirchandani superintendent of customs adipur to search for the prohibited and dutiable goods and documents in the premises mentioned in the warrant.
from the judgment and order dated 21.3.1978 of the gujarat high companyrt in criminal revision application number.
during the said raid a sum of rs.79000 was also seized.
the second respondent namely the state of gujarat also preferred two other criminal revision application number.
98 and 97 of 1978.
shroff p. parmeshwaran ms.
as pointed out by the high companyrt in its impugned order gold silver ornaments of the value of rs.848482 and currency numberes of rs.79000 have been seized from the premises searched on the strength of the search warrant issued by shri k.k.
indu malhotra m.n.
in respect of this incident the assistant collector of customs filed two separate companyplaints on 26.11.1973 against the appellant in the companyrt of the judicial magistrage first class anjar being criminal cases number.
feeling aggrieved by the judgment of the high companyrt these two appeals are preferred by the appellant.
a. subhashini ms.
criminal appellate jurisdiction criminal appeal number.
the prosecution at this stage before commencing its arguments filed two applications both the cases under section 540 of the old companye companyresponding to section 311 of the new companye requesting the trial companyrt to recall mr.
98 and 97 of 1978 whereby the high companyrt set aside the judgment and orders dated 2.1.1978 of the sessions judge kutch at bhuj made in criminal revision application number.
a raid companyducted by the officers of the customs department in the business cum residential premises of the appellant on 17.9.1971 resulted in the seizure of some gold lagadis bearing foreign marks primary gold gold ornaments and silver bricks companyns etc.
the prosecution filed the petition for examination of the three witnesses stating that foreign ingots lagadis have been sized from the possession of the appellant and that warrant for search of the premises of the appellant accused was issued in this regard by the assistant collector of customs namely shri k.k.
number.
46 and 45 of 1976 confirming the orders dated 19.6.76 passed by the judicial magistrate first class kutch in application exh.
the judgment of the companyrt was delivered by ratnavel pandian j. these criminal appeals by special leave granted under article 136 of the companystitution of india are preferred by the appellant questioning the correctness of the judgment of the gujarat high companyrt in criminal revision application number.
after examination of the prosecution as well as the defence witnesses and recording of the statements of the appellants under section 342 of the old code of criminal procedure hereinafter referred to as the code arguments were advanced on behalf of the appellant accused.
k. kulkarani and p.c.
ayesha karim and p.k.
kapur np for the appellant.
mullick for the respondents.
