STATE OF GUJARAT Vs. IBRAHIM ALIAS KADAR BHATTI

JUDGEMENT

(1.) These three appeals can be disposed of by this common judgment as they are directed against the same order and they raise common questions of law and fact.

(2.) The accused Mohmad Akhtar Hussain alias Kadar Bhatti alias Ibrahim Ahmad Bhatti alias Iqbal alias Gulam was prosecuted for violating the provisions of the Customs Act as well as Gold (Control) Act. He was sentenced to suffer seven years rigorous imprisonment and pay a fine on 11-1-1984 for the offence punishable under the provisions of the Customs Act. He was also convicted for the offence punishable under the Gold (Control) Act on 6-1-1987 and awarded a sentence of four years rigorous imprisonment and to pay a fine of Rs. 2 lacs in default further rigorous imprisonment for six months. In all the cases he was also prosecuted for an offence punishable under sec. 120-B of the Indian Penal Code. However no separate sentences were awarded in any of the cases for the said offence.

(3.) The accused had preferred an appeal challenging the Sentence of four years rigorous imprisonment before the Sessions Judge which appeal was numbered as Appeal No. 14 of 1987 and which was pending before the City Sessions Court at Ahmedabad. By an order dated 29 the said appeal was called for before this Court and it is now numbered as Criminal Appeal No. 444 of 1987.