NARENDRA AMRITLAL LUHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WHILE acquitting the appellant for the offence under Section 135 of the Customs Act, the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay by his judgment and order passed in Case No. 31/cw-1981 dated 29-3-1982 convicted the appellant for offence punishable under Section 5 of the Imports and Exports (Control) Act and sentenced him to suffer R. I. for six months and to pay a fine of Rs. 7500/-, in default to undergo R. I. for four months. The appellant has challenged his aforesaid conviction in this appeal.

(2.) THIS appeal was originally filed before the Sessions Court, Greater Bombay and was numbered as Criminal Appeal No. 187 of 82 in that Court. The appeal was admitted in that Court on 22-4-1982 and was pending. However, on 27-7-1982 the respondent - State filed Criminal appeal No. 505 of 82 in this Court against the acquittal of the present appellant for the offence under Section 135 of the Customs Act by the very same judgment and order which are impugned in this appeal. An order was passed in that appeal on 9-7-1984 and the appeal was transferred from the Sessions Court to this Court and was directed to be heard along with Criminal Appeal no. 505 of 82.

(3.) THE appeal when it was filed in the Sessions Court was filed by Mr. G. A. Merchant, advocate on behalf of the appellant. However, after the appeal was transferred to this Court the said advocate expired. Hence, this Court issued notice of Court Service to the appellant on 20-7-1985 to arrange for engaging another advocate in place of late Mr. Merchant or to appear in person and that the appeal would be disposed of in his absence if he did not comply within fourteen days. That notice however was returned unserved with the report that the appellant was not found residing on the given address.