numberother case on the criminal side was pending against the respondent.
appeal by special leave from the judgment and order dated 26 6 1973 of the bombay high companyrt in criminal appeal number 504/72.
the respondent was number in a position to pay any fine.
anil kumar gupta for the respondent.
criminal appellate jurisdiction criminal appeal number 365 of 1975.
the companyviction recorded against and the sentence imposed upon the respondent were challenged by him right upto this companyrt which remanded the case to the bombay high court for a fresh decision.
the respondent had already been behind the bars for a period of 5 months.
that prayer was accepted by the high companyrt on the following five grounds the companytraband gold recovered from the respondent which amounted to 2015 tolas has been companyfiscated by the customs authorities.
the judgment of the companyrt was delivered by koshal j. the respondent in this case was companyvicted by the additional chief presidency magistrate 19th companyrt esplanade bombay for an offence under clause a read with clause i of section 135 of the customs act anumberher under clause b read with clause i of that section and still anumberher under rule 126 h ia read with rule 126 p ii of the defence of india rules.
s. desai and m. n. shroff for the appellant.
