VENILAL MEHTA Vs. ASST COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) Revision petitioners are Al and A2 in C.C. 123 of 1985 of the Addl. Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. They stood charged under S.135(1)(i) of the Customs Act and S.85(1)(a) of the Gold (Control) Act. They were found guilty by the Trial Court and were convicted and sentenced to suffer rigorous imprisonment for one year for each of the two offences besides a fine of Rs.25,000/- and in default of payment of fine there is direction to suffer simple imprisonment for six months more. They filed Crl.A. 69 of 1987 before the Sessions Court, Ernakulam. The IVth Addl. Sessions Judge heard the appeal and dismissed the same confirming the conviction and sentence.

(2.) The prosecution case is that on receipt of information that revision petitioners had secreted contraband gold in Room No.316 of the Dwaraka Hotel, Ernakulam, P.W.1 the Superintendent of Customs II, Cochin visited the room on 2-5-1984 at about 9.20 a.m. and on search he found that 60 gold biscuits weighing 6990 grams were concealed in M.0.3 suit case. Prosecution examined P. Ws. 1 to 8 and marked Ext. P1 to P47. M.Os. 1 to 3 were also marked.

(3.) Learned counsel for the revision petitioners did not address any arguments on the factual findings of the Courts below. His only contention is that the revision petitioners are entitled to set off under S.428 of the Cr.P.C. for the period during which they were detained under the COFEPOSA. The only question to be considered in this revision is as to whether the revision petitioners are entitled to set off during 19-6-1984 to 19-6-1985. It is admitted that during this period revision petitioners were detained in the Central Prison, Trivandrum under COFEPOSA. Counsel for the revision petitioners submitted that pending investigation of the customs case (O.R. 5 of 198-1 which has been refiled as O.R. 14 of 1985) revision petitioners were detained in the Central Prison and that being the position they are entitled to set off. Counsel further pointed out that though second revision petitioner (A2) was granted bail on 31-5-1984 it was cancelled by the Chief Judicial Magistrate and since then she was also undergoing detention in the Central Prison.