Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-28-2002
Reported in : (2002)(141)ELT471TriDel
1. The brief facts of the case are that on 19-9-97, the Customs Officers of Nautanwa intercepted two person from a Roadways bus at Moila. On enquiry they disclosed their identity as S/Shri Harishankar Raikwad and Ravi Kumar Verma both resident of Jhansi. Both the persons were brought to the Customs Office, Nautanwa and they defecated from their rectums 7 gold pieces each of foreign origin weighing 1633 grams.The gold was totally valued at Rs. 7,28,000/- and was of 24 carat purity. Shri Ravi Kumar Verma in his statement dated 19-7-97 stated that he had brought the said gold from Nepal and same was handed over to one Shri Kallu Kamaria alias Kailash Babu Agarwal who had given the dollars. He stated that he was involved in the smuggling of gold for the commission of Rs. 1,000/-. In a separate statement recorded from Shri Harishankar Raikwad, he confirmed the disclosures made by Shri Ravi Kumar Verma. Accordingly, the proceedings were initi-tated and all the three named persons were issue...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-29-2002
Reported in : 2002CriLJ2504
ORDERThe Court 1. Report has been filed by Shri Nilesh Kumar, Advocate in pursuance of the Court's order dated 23rd January, 2002. Alongwith the Report, Shri Nilesh Kumar has annexed a copy of the communication dated 22nd January, 2002, from the Medical Superintendent, RINPAS, Kanke, Ranchi, addressed to the Divisional Commissioner, South Chota-nagpur, Ranchi, enclosing also therewith a list of 48 Inmates of the Institution (RINPAS) and informing the Divisional Commissioner, South Chotanagpur, Ranchi. that these 48 persons are now mentally fit for being discharged from this Institution.2. This case was filed as Public Interest Matter after this Court received a Postcard from eight Inmates of RINPAS alleging that despite their having now been declared medically fit, they are being kept un-authorisedly and illegally in the aforesaid Lunatic Asylum and are not being discharged. Having treated the aforesaid Postcard as Public Interest Litigation (PIL) we requested Mr. Nilesh Kumar, Advocat...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Jan-30-2002
Reported in : (2002)(143)ELT568Tri(Kol.)kata
1. All the appeals are being disposed of by a common order inasmuch as they arise out of the same impugned order of the Commissioner of Customs, Patna, vide which he has confiscated 459 bags of betel-nuts with an option to the appellants M/s. Kamakheya Trading Co. to redeem the 341 bags on payment of a fine of Rs. 6.00 lakh (Rupees six lakh) and another option to M/s. Radha Kishan Ramesh Kumar to redeem 118 bags of betel-nuts on payment of a fine of Rs. 2.00 lakh (Rupees two lakh).The truck transporting the said betel-nuts has also been confiscated with an option to the owner to redeem the same on payment of a fine of Rs. 1.00 lakh (Rupees one lakh). In addition, personal penalties as shown below have been imposed upon the various persons :-(i) M/s. Bikaner Assam Roadlines Rs. 50,000/- (Rs. fifty thousand)(ii) Shri Sushil Kumar Daga Rs. 10,000/- (Rs. ten thousand)(iii) M/s.Radha Kishan Ramesh Rs. 5,000/- (Rs. five thousand) Kumar(iv) M/s. Kamakheya Trading Co. Rs. 5,000/- (Rs. five th...
Tag this Judgment!Court : Karnataka
Decided on : Jan-30-2002
Reported in : 2002CriLJ1998; 2002(3)KarLJ280
ORDERR. Gururajan, J. 1. Petitioner, an investigative journalist is knocking the doors of this Court on the foundation of Article 21 of the Constitution of India by way of a bail petition under Section 439 of the Criminal Procedure Code on the following factual matrix.2. The petitioner was arrested by the Rampur police on 20-11-2001 in Crime No. 100 of 2001 for the offences punishable under Section 212 read with Section 34 of the Indian Penal Code. In the course of investigation a voluntary statement was obtained from the petitioner. In that statement he has stated that he would show the hidden explosives by Sri Veerappan and his associates in the year 2000 in the forest area and also the gun and bullets kept by one Ramesha, an associate of Sri Veerappan. On the basis of this statement, the Sub-Inspector of Police of Rampur police station along with panch witnesses accompanied the petitioner and they were taken to Konganakaduvu forest area.3. Petitioner showed the spot where the hidden...
Tag this Judgment!Court : Gujarat
Decided on : Jan-31-2002
Reported in : (2002)2GLR1265
Sharad D. Dave, J.1. With the consent of the learned Advocates, the matter is heard finally.2. The original plaintiff has filed this Appeal From Order under Section 104 and Order 43 Sub-clause (r) of the Civil Procedure Code against the order of 8th Jt. Civil Judge (S.D.), Baroda passed on 7-11-2001 on Exh. 5 dated 24-10-2001.3. The brief facts leading to the filing of this A.O. are as under :The appellant had tiled Special Civil Suit No. 906 of 2001 against the respondents in the Court of 8th Jt. Civil Judge (S.D.) at Baroda on 24-10-2001 for declaration and the injunction to the effect that the Certificate of Seaworthiness obtained by respondent No. 2 was fraudulent and for an injunction restraining the respondent No. 1 from making payment to the bankers of respondent No. 2. The respondent No. 1-I.D.B.I, Bank Ltd. against whom the injunction was sought had filed its reply Exh. 12 on 2-11-2001 in the Court. The respondent No. 1-Bank which had opened a Letter of Credit (L.C.) at the in...
Tag this Judgment!Court : Gujarat
Decided on : Feb-01-2002
Reported in : 2002CriLJ4040; (2002)4GLR3165
Akshay H. Mehta, J.1. Both these appeals arise from the judgmentdelivered by the Ld. Sessions Judge, Amreli dated30/9/1992 in Sessions Case No. 38/1991. By saidjudgment original accused no. 1 - Gala Kana has beenconvicted for an offence u/S. 302 of the Indian PenalCode (for short 'IPC') and he has been sentenced tosuffer imprisonment for life. He has also been convictedfor offence u/S. 333 of the IPC for which no separatesentence has been imposed. Moreover, he has beenconvicted for the offence u/S. 135 of the Bombay PoliceAct and has been sentenced to suffer RI for three months.The substantive sentences are ordered to runconcurrently. He has, therefore, approached this Courtby filing Criminal Appeal No. 1200 of 1992.1.1. Original accused no.2 - Mitha Kanabhai has beenconvicted for offences u/Ss. 324 and 332 of the IPC readwith section 109 of the IPC and sentenced to suffer RIfor one year. However, he has been granted benefit underthe Probation of Offenders Act on the condition of givin...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-01-2002
Reported in : AIR2002MP98; 2002(2)MPHT10
ORDERDipak Misra, J. 1. The pivotal issue that arises for consideration in this writ petition preferred by a learned member of the Bar whether the members of the State Bar Council of Madhya Pradesh are entitled to continue even after expiry of their term, as envisaged under the Advocates Act, 1961 (hereinafter referred to as 'the Act'). The said issue being cardinal and dominant, I shall only confine to the aforesaid issue as the learned counsel appearing for the petitioner as well as the learned counsel for the respondents confined to the said facet, the singular and significant case.2. The facts which have been brought on record need not be dilated upon in detail, as the facts which are essential and necessitous for disposal of this writ petition have been conceded to by Mr. N.C. Jain, learned senior counsel appearing for the petitioner and Mr. Rajendra Tiwari, learned senior counsel for the State Bar Council of Madhya Pradesh as well as for the Bar Council of India. None of the othe...
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2002
Reported in : 2002CriLJ2216
U.S. Tripathi, J.1. This appeal has been directed against the judgment and order dated 17-2-1981, passed by Sri D.C. Srivastava, the then Addl. Sessions Judge, Gyanpur, district Varanasi in S.T. No.9 of 1980, convicting the appellant under Section 396 IPC and sentencing him to undergo R.I. for a period of seven years and to pay a fine of Rs. 500/-. In default of payment of fine he was further sentenced to undergo one year's R.I.2. The prosecution story, briefly stated, was as under :-Raj Narain (PW4) had his house at village Pandeypur, P.S. Suriyawa, district Varanasi. Ram Adhar deceased was uncle of Raj Narain (PW4). On the night of 16-10-1979, Raj Narain was sleeping in his verandah of Dalan. Ram Adhar, deceased was sleeping outside the house under a Neem tree. Ladies of his house were sleeping inside the house. At about 10-11 p.m. 10-11 dacoits armed with country made pistols, lathis and torches came to the house of Raj Narain, (PW4). The dacoits caused injuries to Raj Narain (PW4)....
Tag this Judgment!Court : Mumbai
Decided on : Feb-04-2002
Reported in : (2002)104BOMLR86
D.S. Zoting, J.1. These are the two criminal appeals preferred by the original accused Nos. 1 and 2 against the order of conviction and sentence passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 120 of 1993 on 14.2.1995. These two appellants along with one more accused namely Rakeshsingh @ Minty Tukmansing Bhadoriya, aged about 20 years were tried before the Sessions Court for offence punishable under Section 302 r/w Section 120B and in the alternative under Section 302 r/w Section 34 of the Indian Penal Code. Both the appellants along with Rakeshsingh were convicted for the offence punishable under Section 302 r/w Section 120B of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer further R.I. for one year. In addition to the above imprisonment awarded to the appellant Mangalabai, she is also convicted for offence punishable under Sections 194, 210, 203 of the Indian Penal Code an...
Tag this Judgment!Court : Patna
Decided on : Feb-05-2002
Indu Prabha Singh, J. 1. Both the appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months each.2. The prosecution case as stated in the written report dated 25-4-1989 given by A.S.I. Baidnath Singh of Parihar P.S. is that for checking of smuggling of petroleum products from India to Nepal, informant Baidnath Singh, A.S.I., Constable Shiladhar Mishra and Chbwkidar, Badri Paswan were on duty at village Dharharwa near Dharharwa Kuti situated just by the side of Nepal Border. It has been stated that the abovenamed persons sat in a Kuti and they were Watching the situation and at about 4.30 a.m. they saw 4 to 5 persons coming towards Nepal after taking diesel kept in tins and jerricons on bicycle and on their heads. The informant and his other companions who were on duty, chased the aforesaid smugglers and blackmarketeers and out of them they caught Jai Narain Dubey alias Jiratia of village Dharharwa (app...
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