9911796707
TMI Blog2015 (1) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... he search, the primary gold was found in the almirah kept on the room of the second floor. In the first compartment of the almirah, 18 gold foils weighing 49.30 grams were found. At the base of this almirah, there was a drawer but that did not contain any incriminating material. The drawer was completely pulled out and it was found that there was a cavity in between the base of the drawer and the base of the almirah. In the cavity, Kalyan magazines were found lying and upon removal of these magazines one Dabba containing three cartons of Cuticura shaving sticks were found. Each carton of Cuticura shaving stick contained four gold slabs, i.e. total 12 gold slabs weighing 3730.800 g. were found. In the cavity, a cotton cloth bundle containing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foils to be redeemed on payment of fine of Rs. 500/-. 5. Being aggrieved thereby, Ramratan preferred an appeal before the Gold Control Tribunal. The appeal was dismissed on 12-12-1976. Aggrieved by the said orders, Ramratan made an application to the Central Government under the then existing Section 82 of the said Act. However, the said application came to be transferred to the Tribunal. During the pendency of appeal before the Tribunal, Ramratan died and his legal representatives were brought on record. 6. By the time the appeal had come up before the Tribunal, the Criminal Case was decided by the learned Chief Judicial Magistrate, Amravati vide order dated 12-10-1979. The learned C.J.M. held that the gold slabs, gold rods an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the criminal court may have some effect on the order of confiscation though it is not always that acquittal in the criminal case ipso facto results in setting aside the order of confiscation passed by the competent authority under the Act. What is needed to be seen is : Are the basic facts common? Is the recovery of incriminating articles same? Have same witnesses been examined in both proceedings? Is there same charge of possession in both proceedings? Is the evidence same? If the answer to all these questions is in affirmative and in the absence of any material distinguishing features, it would be legally improper to allow the confiscation order to stand against the finding of the Criminal Court." 9. On remand, the learned Customs, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avati in his judgment dated 17-10-1979 in Criminal Case No. 3887/74." 11. It will be relevant to refer to paragraph 18 of the judgment of the Division Bench of this Court in Writ Petition No. 2386/88. The Division Bench of this Court held that the finding of a Criminal Court may have some effect on the order of confiscation though it is not always that acquittal in the criminal case ipso facto results in setting aside the order of confiscation passed by the competent authority under the Act. The Division Bench held that what is needed to be seen is : i. Are the basic facts common? ii. Is the recovery of incriminating articles same? iii. Have s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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