STATE OF MAHARASHTRA Vs. VIJAYARAJ PRITHVIRAJ BAFNA

JUDGEMENT

(1.) A raid by the Customs and Central Excise Officers of Dahanu Circle, conducted on 19.8.1973 on the premises of King Motel at Gholwad led to the recovery of some smuggled goods and resulted in the filing of a private complaint by the Assistant Collector of Customs against the present Respondent (Original Accused No. 1 Vijayraj P. Baphana) and the two Respondents in Criminal Appeal Nos. 864 of 1985 (Original Accused No. 2 Jayantilal Jain) and Criminal Appeal No. 863 of 1985 (Original Accused No. 3 Keshavbhai Patel) alleging the commission of offences punishable under Section 135(a) and (b) of the Customs Act, 1962 and Section 5 of the Imports and Exports Act, 1947.

(2.) THE said Private Complaint filed on 24.5.1976 by Mr. S.C. Choudhary, Assistant Collector, Customs and Central Excise, Bassein, was accompanied by a copy of the necessary sanction for prosecution under Section 137 of the Customs Act.

(3.) THE complainant Shri S.C. Choudhary did not step into the witness box, though cited as a witness. The witnesses examined did not speak about the grant of sanction vide the Sanction Order and the prosecution case was closed.