smuggled goods.
Appeal by Special Leave from the Judgment and Order dated 6 12 76 of the Calcutta High Court in Crl.
1111 /76.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
191 of1977.
On a search of his room in the hotel where he.
Revision No.
appellant is a foreigner who arrived at Calcutta by air from Bangkok on June 28, 1975.
was staying in Calcutta, the Customs authorities found in his possession 1701 U.S. dollars and 4400 Canadian dollars which they seized as.
L. Kohli and S. K. Sabharwal for the Appellant.
Soli J. Sorabjee and Addl.
The facts relevant for the purpose of the appeal are these.
The Judgment of the Court was delivered by GUPTA, J. This appeal is by special leave, from a judgment of the Calcutta High Court, this Court in granting special leave limited the appeal to only one ground, whether the trial companyrt bad power to order companyfiscation of the goods found in appellants possession while companyvicting him under section 135 of the Customs Act.
On September 23, 1975 an Assistant Collector of Customs filed a petition of companyplaint in the companyrt of the Chief Metropolitan Magistrate, Calcutta, alleging, inter alia, that the appellant had brought in the foreign currency seized from his possession in violation of section 13 1 of the Foreign Exchange Regulation Act, 1973 and was therefore liable to be companyvicted under section 135 of the Customs Act, 1962.
Solicitor General Girish Chandra for the Respondent.
