SUDERSHAN LAXMAN TEDDU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Chaudhari, learned Advocate for Applicant; Mr. Surpande, learned empanelled Counsel / Advocate for Respondent Nos.1 and 2 ' Union of India and Dr. Krishnaiyer, learned APP for Respondent No.3 ' State of Maharashtra.

(2.) This Revision Application is challenging the order dtd. 1/10/2002 passed by the Sessions Judge in Criminal Appeal No.289 of 2001 upholding order of conviction of Applicant for offences committed under Sec. 135(1)(b) read with Sec. 13(1)(i) of the Customs Act, 1962 (for short 'the Customs Act'); under Sec. 8(1) read with Sec. 85(1)(2) of the Gold (Control) Act, 1968. By order dtd. 20/8/2019, Mr. Chaudhari, learned Advocate and Counsel practising at the Bar was appointed by this Court to represent and espouse the cause of the Applicant. Accused shall be referred to as Applicant for convenience. Though there are two concurrent orders of conviction, the present Revision raises an important issue of law pertaining to the power of the enforcement agency in conducting search and seizure under the Customs Act.

(3.) The relevant facts necessary for adjudication of the present Revision are as under:-