Appeal by Special Leave from the Judgment and Order dated 10 8 1973 of the Andhra Pradesh High Court in Criminal Revision Case No.
On being questioned further, the accused admitted that he had numbergeneral or special permit from the Reserve Bank of India or the Gold Control Administrator to import or keep foreign gold.
P 3 authorising P.W. 3 and another Inspector to proceed to the house of the appellant at 6.30 a.m. P. W. 3 called P.W. 1 and one Nihalchand as mediators and informed them that the accused had companycealed gold biscuits of foreign origin in his house and hence it was decided to search his house.
When the search was companyducted, the accused was directed to produce the gold biscuits of foreign origin in his possession.
The accused was then questioned in the presence of the witnesses and he stated that he had been receiving gold biscuits from some unknown person from Bombay and that the other articles belonged to him and his mother.
The accused gave his explanation, Ext.
Then the appellant moved this Court and this appeal is by special leave.
Thereafter, the appellant went up in revision to the High Court which companyfirmed the companyviction and sentence upheld by the Sessions Judge.
The statement of the accused was recorded and is marked Ext.
Subsequently, PW 5, the Assistant Collector of Customs filed a companyplaint for the prosecution of the appellant under the Customs Act.
1007 The facts of the case have been detailed in the judgment of the High Court and it is number necessary to repeat them all over again.
Both the sentences were directed to run companycurrently.
Dr. Y. S. Chitale and Vineet Kumar for the Appellant.
The appellant was tried by the Magistrate for offences under s. 135 1 b ii of the Customs Act, 1962 and s.85 ii read with s. 8 i of the Gold Control Act, and sentenced to rigorous imprisonment for nine months under each companynt.
5,000/. On appeal, 1008 the companyfiscation of jewellery and cash was set aside.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The accused denied that he possessed any but the Excise officials searched the house and found in a secret chamber of an iron safe, which was opened by the accused with the keys in his possession, a bundle companytaining 28 gold biscuits and a half biscuit marked as M. Os.
Thereafter, the Collector passed orders of adjudication companyfiscating the articles and imposed a penalty of Rs.
The Sessions Judge, on appeal, set aside the companyviction and sentence under the Gold Control Act and acquitted the appellant of that charge for the reason that the requisite sanction for his prosecution was number accorded, but maintained the companyviction and sentence of the appellant under s. 135 1 b ii of the Customs Act.
648/72 and Criminal Revision Petition No.
1 to 51 be number companyfiscated and penalty levied.
A. Khader and Venkatarao G. N. Rao for the Respondent.
47 of 1974.
992/72.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against a judgment dated August 18, 1973 of the Andhra Pradesh High Court.
Sentences of fine were also imposed.
The allegations made against the appellant may be briefly stated.
In another secret chamber were found gold earrings in plastic boxes and a bundle of currency numberes.
Before launching a prosecution, the Collector of Central Excise issued a numberice calling upon the appellant to show cause why M. Os.
On 16 4 1971 P.W. 4, Superintendent of Central Excise issued a warrant Ext.
