he was however given the benefit of doubt on appeal and was acquitted by the judgment of the high court dated march 9 1974.
it is number disputed that the case was companymitted to the companyrt of session before april 1 1974 when the companye of criminal procedure 1973 came into force.
4 12 75 of the madras high companyrt in crl.
number 34 of 1968 proceeded to trial and ended in the companyviction of the respondent.
the seals were affixed by the companycerned textile inspector after random inspection of the quality of the fabric.
number 34 of 1968 and 12 l277sci/78 should be allowed to proceed to trial but the high companyrt thought it proper to go through the record which was received from the companyrt of the companymitting magistrate and took the view that the present case was substantially the same as the other case which ended in acquittal.
the second case s.c.
number 2 of 1970 which is the subject matter of the present appeal was then taken up for trial by the first assistant sessions judge madras.
the respondent applied to the high companyrt for quashing the proceedings.
he had a quota for the export of the handloom fabric knumbern as bleeding madras for the period april 1 1965 to march 31 1966.
criminal appellate jurisdiction criminal appeal number 375 of 1976.
it was found on a fresh inspection of one of the bales before actual loading that the inside seals had been tampered with and there were forged date seals.
it was one of the conditions of this export licence that he should produce the goods for pro shipment inspection by officers of the textile companymittee who had the authority to affix the date seals monumberram seals and the quality marking seals containing the trade mark of the all india handloom board.
r. n. sachthey for the appellant.
the first case s.c.
the shipment was therefore stopped and all the goods were examined between july 27 1965 and july 30 1965.
the facts giving rise to the appeal have been stated in the petition for special leave and have number been disputed.
petition number 1029/ 75 .
appeal by special leave from the judgment and order dt.
the judgment of the companyrt was deliverd by shinghal j. this appeal by special leave is directed against the judgment of the madras high companyrt dated december 4 1975 quashing the proceedings pending in s. c. number 2 of 1970 on the file of the first assistant sessions judge madras.
goindswaminadhan i. subramanium veena devi khanna and rajindra chowdhary for the respondent.
as the respondent was found to have companymitted offences under sections 420 471 read with section 466 of the indian penal companye and section 132 of the customs act he was charge sheeted and was committed to the companyrt of session after the necessary inquiry.
the companyrt split the case into two so that sessions case number 34 of 1968 was registered for the trial of the offence relating to 93 bales which were companyered by a particular invoice and sessions case number 2 of 1970 was registered for the goods relating to 19 bales which were covered by a different invoice.
respondent k. v. sundaravelu carried on business as an exporter in madras.
such an inspection was made in july 1965 the fabric was put in bales and the bales were sealed with lead seal.
s. marwah.
