STATE OF GUJARAT Vs. ISMAIL MOHMED LAKHAN

JUDGEMENT

(1.) These Revision Applications have been placed before us for final hearing and disposal under the following circumstances.

(2.) R. Sunder Raman Assistant Collector of Customs Jamnagar filed in the Court of the Judicial Magistrate Dwarka (hereinafter referred to as Dwarka Court) the present complaint against 13 accused under sec. 135 of the Customs Act 1962 He alleged that the accused had committed an offence under sec. 135 by carrying to this country contraband goods of foreign origin in violation of the provisions of the Customs Act 1962 The contraband goods were valued at Rs. 23 49 472 P. This complaint was filed on 5th December 1973. On the same day Dwarka Court issued process to the accused. By its order dated 18th March 1974 made on the application filed by accused Nos. 1 to 10 Dwarka Court split up the case against accused Nos. 1 to 11 from the case against accused Nos. 12 and 13 because accused Nos. 1 to 11 had been undertrial prisoners since 8th September 1973. On another application made by the Public Prosecutor Dwarka Court made an order that since the offence disclosed by the complaint was a serious one inquiry proceedings under Chapter XVIII of the Code of Criminal Procedure 1898 (hereinafter referred to as the old Code) be held with the object of committing the accused to the Court of Sessions at Jamnagar if prima facie case was proved against them. On that very day Dwarka Court recorded evidence of Shivprasad Chhelshanker Chhaya P.W. 1. Thereafter on 28th March 1974 it recorded the statements of accused Nos. 1 to 11. On that day it also framed a charge against the accused. All these steps were taken by Dwarka Court before 1st April 1974 when Criminal Procedure Code 1973 (hereinafter referred to 85 the new Code) came into force and the old Code was repealed.

(3.) On 5th April 1974 the Dwarka Court instead of committing the accused to the Court of Sessions at Jamngar referred the case to the Court of the Chief Judicial Magistrate First class Jamnagar (hereinafter referred to as Jamnagar Court) under sec. 322 of the new Code. Jamnagar Court proceeded with the case. Accused Nos. 1 to 10 pleaded guilty to the charge and also prayed for mercy. Jamnagar Court convicted accused Nos. 1 to 10 for having committed an offence under sec. 135 of the Customs Act and sentenced each one of them to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200.00 or in default to undergo rigorous imprisonment for one month. It acquitted accused No. 11. On an application subsequently made by accused Nos. 1 to 10 Jamnagar Court directed that the period of detention undergone by each of accused Nos. 1 to 10 prior to the conviction should be set off under sec. 428 of the new Code against the term of imprisonment awarded to each one of them.