HIRAKCHAND HIMATMAL SALESA Vs. AJIT KUMAR

JUDGEMENT

(1.) THE Petitioner was prosecuted by the Assistant Collector of Customs, Bombay under Section 135(1)(a)(ii) of the Customs Act read with Section 11-L and 11-M of the said Act, on the allegation that the petitioner on 09/01/1979 and 28/03/1980 knowingly and fraudulently evaded or attempted to evade the prohibition under the Customs Act in respect of import and export of 8,684.366 kgs of silver valued at Rs.2,69,03,348/-. After trial, the learned Chief Metropolitan Magistrate in Case No.27/CW/1985 convicted the petitioner and sentenced him to suffer 9 months R.I. and to pay fine of Rs.10,000/- or in default to further undergo R.I. for six months. Against this order of conviction, petitioner filed appeal before the Sessions Court for Greater Bombay as Criminal Appeal No.204 of 1986. By judgment dated 22nd September, 1989, the conviction and sentence passed by Chief Metropolitan Magistrate had been confirmed and the appeal filed by the petitioner is dismissed. It is this judgment and order of the courts below that is under challenge in this writ petition.

(2.) I heard learned counsel for the petitioner Shri M.K.Kocharekar and learned A.P.P. Shri Adsule for the State. The scope of interference by this court under Section 227 in the matters like this is very limited. This court cannot reappreciate the evidence unless it is tainted with perversity or bias or there is no evidence at all. The learned counsel for the petitioner was not able to point out any such illegality in the impugned judgment. Therefore, the judgment of the Courts below have to be confirmed.

(3.) IN the result, petition is partly allowed.