As a result of the search, the Anti Corruption Bureau recovered 100 gold bars, each weighing 10 tolas.
As the search was being companypleted and the Panchanama prepared, the Customs Authorities, also raided the premises.
The Customs Authorities, also, took proceedings under the Customs Act, 1962, and during the companyrse of those proceedings, recorded the statements of the accused respondent, his wife, and mother.
Appeal by Special Leave from the Judgment and order dated 13 10 1972 of the Bombay High Court in Crl.
The case of the prosecution further was that the respondent remained absconding after this recovery till March 14, 1968, when he surrendered.
The respondent further pleaded that he had numberconnection with this gold.
These gold bars had foreign markings and were in the shape of gold biscuits of 24 carats purity and were found stitched in a companyton jacket, which was Lying in a steel trunk underneath some clothes.
The learned Presidency Magistrate by his judgment dated October 16, 1960, found that the charges had been established against the respondent.
He rejected the defence story and companyvicted the respondent as aforesaid.
The material facts are as follows .
Substantially, his defence was that this gold was brought into his premises by one Jayantilal Salla P.W. 4 and left there in his absence.
Aggrieved, the respondent preferred an appeal against his companyviction to the High Court.
The appeal was heard by a learned Single Judge Vimadlal, J. , who by his judgment, dated October 13, 1962, allowed the appeal, set aside the companyviction of the respondent and acquitted him.
Hence this appeal by the State of Maharashtra against that acquittal.
1,000/ on each companynt.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Magistrate companyvicted him in respect of these offences and sentenced him to suffer six months rigorous imprisonment and to pay a fine of Rs.
The High Court has held that the prosecution has failed to prove that the gold found in the house of the accused was gold on which duty had been evaded, or the import of which was prohibited and, in that view of the matter, the first and second charges framed against the accused must fail, and the further question as to whether the accused knew that the gold in question was smuggled gold does number really arise.
The Anti Corruption Bureau, however, first companypleted its Panchanama and later on a separate Panchanama was prepared, under which the gold so seized by the Anti Corruption Bureau was taken possession of by the Customs Authorities.
At the trial, the accused respondent denied the charge and claimed lo be tried.
73/71.
The prevailing market value of the recovered gold was Rs.
P. Rana and M. N. Shroff for the Appellant.
He, however, did number dispute the fact that the gold in question was found from his premises.
He asserted that if at all anybody was responsible, it was Jayantilal Salla, who has been examined as prosecution witness in this case.
Shiv Pujan Singh Amicus Curiae for the Respondent.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment dated October 13, 1972, of the High Court of Bombay.
A. No.
On March 6, 1968, in companysequence of certain information received by the staff of the Anti Corruption Bureau, Bombay, residential pre mises of the accused respondent at old Hanuman Lane, Bombay was searched at about 1 p.m. The respondent himself was number present at his house, but his wife and mother were present in the premises at the time of the search.
231 of 1973.
Presidency Magistrate 2nd Court, Mazgaon, Bombay, for offences 1 under Section 135 a read with Section 135 i of the Customs Act, 1962, 2 under Section 135 b read with Section 135 i of the same Act, and 3 under Rule 126 H 2 d read with Rule 126 P 2 iv of the Defence of India Rules, 1962.
1,85,000.
Natwarlal, respondent herein, was prosecuted in the Court of the .
