Guwahati Court April 1962 Judgments
Neithanga Hmar and anr. Vs. Assistant Collector of Central Excise and ...
Court: Guwahati
Decided on: Apr-23-1962
T.N.R. Tirumalpad, J.C.1. Petitioner No. 1, Neithanga Hmar, was searched by P.W. 1 H.K. Nag, the Preventive Officer of Central Excise and Land Customs at about 9-00 a.m. on 21-8-1959 when he arrived by bus at Kwakeithel Bazar near Imphal from Churachandpur. P.W. 1 had some Information that smuggled gold was being brought by the said bus. Petitioner No. 1 who is a Subedar in the Assam Regiment was In his military uniform. When he was searched, it was found that underneath his uniform, he was wearing a waist-coat in which there were 30 pockets which had been stitched and when the said pockets were unstitched, it was found that each pocket contained a gold bar weighing 16 and odd tolas making in all 480 and odd tolas of gold. The gold bars were found hammered in order to prevent their place of origin being known, i.e., whether they were of Indian origin or foreign origin. He made a statement Ext. A-2 to the Superintendent of Land Customs (P.W. 7), stating that his cousin Zaphira Hmar, pe...
Tag this Judgment!Baldeo Raj Bhatia Vs. Superintendent of Central Excise and Land Custom ...
Court: Guwahati
Decided on: Apr-16-1962
T.N.R. Tirumalpad, J.C.1. The petitioner was convicted by the Additional District. Magistrate, Manipur, under Section 7(3) of the Land Customs Act, 1924 and under Section 5 of the Imports and Exports (Control) Act, 1947 and sentenced to 3 months' R.I. and 6 months' R.1. respectively. On appeal to the Sessions Judge, his conviction and sentence under Section 5 of the Imports and Exports Act, were set aside, but the conviction and sentence under Section 7(3) of the Land Customs Act were maintained by the Sessions Judge. Against that the petitioner has come up in revision.2. The facts are beyond dispute. On 26-10-1957, the petitioner, who was a Calcutta bound passenger from Imphal was attempting to take a suit-case in the Plane without it. being registered or checked by the Customs Officer. It was detected by the Customs Inspector - Sri N.C. Banerji at the Koirengei Airport when it was seen without any label under the postal mail, which was ready for despatch by the plane. When questione...
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