STATE OF MAHARASHTRA Vs. KISANDAS SITALDAS DAYALANI

JUDGEMENT

(1.) These are cross appeals emanating from the decision of the Judicial Magistrate First Class, Court No. 6, Pune, in a prosecution ascribing to Kisandas Sitaldas Dayalani, the commission of offences punishable under Sections 135 of the Customs Act and 85 of the Gold (Control) Act, 1968.

(2.) The prosecution case was that acting on information, the Police along with Panchas kept a watch at Govind Halwai Chowk at Pune. This was on 31 August 1969. This party saw Dayalani going along with one person later identified as Oswal. Sighting the Police party, Dayalani and Oswal tried to discard their shoes and flee. The Police party however managed to apprehend the two of them and took them to Subhansha Police Chowky. In the search of the shoes worn by Dayalani were found gold chips indicating that they were of foreign origin. The chips were worth Rs. 10,250/-. Dayalani and the attached property were made over to the Central Excise Officers for further enquiry. It was found that the seized gold was of 998.7 per cent fineness and that it was pure 24 carat. Dayalani could not produce any valid authorisation for the import of the gold. Adjudication proceedings were taken against him and in due course a prosecution was launched against him.

(3.) Dayalani pleaded not guilty, his defence being that he was innocent and had been falsely implicated to shield the real offender.