STATE OF MAHARASHTRA Vs. NAINMAL PUNJAJI SHAH

JUDGEMENT

(1.) By order, dated 21/07/1969, the Chief Presidency Magistrate, Bombay, allowed bail to Nainmal Punjaji Shah and Ghampalal Punjaji shah, respondents before us. The State of Maharashtra filed a revision petition before the High court. The High court modified the order in certain respects. Against that order, after obtaining special leave, the State of Maharashtra has appealed.

(2.) The question before us is whether on the facts and circumstances of of the case the order of the High court should be maintained or modified in any manner. Ordinarily this court does not go into these questions but, as will be presently seen the facts in this case are extraordinary and this court felt that the matter should be looked into by it.

(3.) The relevant facts leading to the order of the High court may be set out in brief. On 13/04/1969, in pursuance of information received) business premises of M/s. Shah Nainmal Champalaland Co. at 61, Krishna niketan, 3rd Floor, Motta Mandir compound, were searched. Nainmal punjaji Shah, who was a partner of the firm, was present and three silverbars were found in the premises. Incriminating documents were found concealed in a ledge outside a window of a room in the premises. 71 bars of silver were found in the godown of the firm which was in the ground floor of the building. A cursory scrutiny of the documents seized revealed, according to the prosecution, that the said Nainmal Punjaji Shah, with several others, was concerned in illegal transactions in foreign wrist watches, textiles, mettalic yarn, gold, etc. , and these transactions ran into about Rs. 100. 00 crores.