IN RE: K. DHANABAL Vs. STATE

JUDGEMENT

(1.) This petition coming on for hearing on Monday the 4th day of September 1978 upon perusing the petition and the judgment of the Lower Courts and the record in the case and upon hearing the arguments of Mr. K. Alagumalai, Advocate, for the petitioner and of Mr. Ilias Ali for the Central Government Prosecutor on behalf of the State and the case having stood over for consideration till this day, the Court made the following order:

(2.) The learned trial Magistrate found the revision petitioner and the other person guilty under Sec. 8(1)(ii) and (iii) and Sec. 85(1) of the Gold Control Act and Sec. 111 read with Sec. 135(b) of the Customs Act and convicted them thereunder and sentenced them to undergo rigorous imprisonment for two years under each count, the sentences to run concurrently and also to pay a fine of Rs. 2,000/ - each in default to undergo rigorous imprisonment for nine months. In appeal, the learned Sessions Judge confirmed the convictions and sentences. Aggrieved, the revision petitioner has filed this revision.

(3.) The case of the revision petitioner was that one Govindan took him to Bangalore and asked him to take the scooter and deliver it at Madurai and that he had no knowledge that gold bars had been kept concealed in the scooter and that the statement was made, because he was beaten.