Gujarat Court November 1999 Judgments
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Linder Frank Wolfgang Vs. Yogesh D. Shah and anr.
Court: Gujarat
Decided on: Nov-01-1999
Reported in: 2000(71)ECC507
K.M. Mehta, J.1. Linder Frank Wolfgang, petitioner-original accused has filed this Revision Application under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has challenged the judgment and order dated 18th January, 2000, passed by the learned Additional City & Sessions Judge, Court No. 12, Ahmedabad in Criminal Appeal No. 42 of 1999. The learned Sessions Judge was pleased to dismiss the Appeal No. 42 of 1999 and confirmed the judgment and order dated 31st March, 1999, passed by the learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 18 of 1997 and confirmed the sentence imposed under Section 248(2) of the Code read with Section 135 of the Customs Act, 1962 (hereinafter referred to as 'the Act') imposing five years simple imprisonment and Rs. 5,000/- fine and in default of this, three months' more simple imprisonment.1.1 Originally, Shri Yogesh Lakhani, learned Advocate was appearing on behalf of ...
Linder Frank Wolfgang Vs. Union of India (Uoi)
Court: Gujarat
Decided on: Nov-01-1999
Reported in: (1999)1GLR619; (2000)2GLR256
M.R. Calla, J. 1. The applicant/appellant was arrested by the Customs officers under sec.104 of the Customs Act, 1962 ('the Act' for brevity) on 19.12.1996 for the offence punishable under sec.135 of the Act, at Sardar Vallabhbhai Patel International Airport, Ahmedabad, when he came from Muscat, on the allegation that 88 biscuits of gold were recovered from his person. The officers of the Customs Department filed a criminal case against the present appellant before the Additional Chief Metropolitan Magistrate, Ahmedabad under sec.135 of the Act being Criminal Case No. 18 of 1997. The Additional Chief Metropolitan Magistrate, after trial held the applicant to be guilty for the offence under sec.135 of the Act and convicted him accordingly and sentenced the applicant to simple imprisonment for a period of five years and to pay a fine of Rs.5000/- and in default to further undergo simple imprisonment for three months, on 31.3.1999. 2. The applicant preferred appeal against the conviction ...
Harijan Parbat Bijal and anr. Vs. State of Guarat
Court: Gujarat
Decided on: Nov-01-1999
Reported in: (2000)1GLR193
M.S. Parikh, J.1. This conviction appeal is directed against judgment and order dated 4th September 1991 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 25 of 1991, convicting the appellants, referred to herein as accused No. 1 & 2, as the case may be, for the offences punishable under Section 302 and 114 of the Indian Penal Code ('IPC' for short), and ordering them to suffer imprisonment for life and to pay fine of Rs. 100, in default to suffer rigorous imprisonment for two months and one month respectively. The prosecution case, in brief, as flowing from the mouth of the complainant, is:-On October 29, 1990, the complainant Rameshbhai Jethabhai and his brother deceased Dhanji Jethabhai were working in the field from 8 o'clock in the morning. At around 10 O'clock in the morning, their father Jethabhai visited the field and after inquiring about the work going on there, went back. Some time thereafter the complainant went to serve grass to the bullocks, ...
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