Punjab-Haryana High Court
Assistant Collector Custms And Central ... vs Bhagat Ram on 13 January, 2010
Author: A.N.Jindal
Bench: A.N.Jindal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.435-SBA of 1998
Date of Decision 13.01.2010
Assistant Collector Custms and Central Excise Division, Pathankot, District
Gurdaspur.
...... Appellant(s)
VERSUS
Bhagat Ram
...... Respondent(s)
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.D.D.Sharma, Advocate, for the appellant.
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A.N.JINDAL, J(ORAL):
This is an appeal against the judgment dated 12.09.1997, passed by Chief Judicial Magistrate, Gurdaspur, acquitting the accused respondent Bhagat Ram in complaint case No.110/1 of 1991 under Sections 8(1), 27, 55 & 85/86 of Gold Control Act of 1968 read with Section 11 and 135 of the Customs Act, 1962, Section 3 (1) of the Imports/Exports Control Act, 1947 and Section 13 of the Foreign Exchange Regulation Act, 1973.
Arguments heard. Record perused. Evidence appears to have been appreciated in the right perspective. The expert, who examined the gold biscuits allegedly recovered from the accused-respondent, has not been examined, therefore, his report is not per-se admissible under Section 293 Cr.P.C. Therefore, in the absence of the report, it could not be said that contraband recovered from the respondents was actually smuggled. Resultantly, finding no merit in the present appeal, the same is dismissed.
(A.N.Jindal) Judge 13.01.2010 mamta-II