JHABARMALL AGARWALLA Vs. STATE

JUDGEMENT

(1.) This is an appeal against conviction under section 135 of the Customs Act and also under Rule 126P(2) of the Defence of India Rules, 1962. The appellant was sentenced to rigorous imprisonment for three months and also to rigorous imprisonment for two years and a fine of Rs. 1000, in default to rigorous imprisonment for three months in respect of the two offences. There was a further order for confiscation of the gold bars and gold rod.

(2.) The prosecution case is as follows :-

(3.) The defence is a plea of innocence and a further plea that he was not in occupation of the third floor nor had he anything to do with the cupboard or the gold. He also complained that there were two simultaneous searches for which two search lists were prepared and that these search lists would prima facie show that the third floor room was in occupation of different person. He denied that he produced the key and challenged the manner in which the seizure list was prepared after bringing down all the articles seized on the second floor.