2016 (9) TMI 221

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..... The accused in C.C. No. 45 of 1993 on the files of the Court of the Addl. Chief Judicial Magistrate, Economic Offence, Ernakulam, filed this Revision Petition challenging the concurrent finding of conviction and sentence passed by the courts below under Section 135 (1) (i) of the Customs Act, 1962. 2. The prosecution allegation is that on 17-11-1992, the petitioner was found in possession of 560. .....

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..... how that he ascertained the market value from the newspapers. However, no such newspaper was produced to prove the then existing market value. 5. The learned counsel for the revision petitioner has submitted that the information received from the Internet would show that the then existing market value of gold was far less than what was shown by the Department and in the said circumstances, the le .....

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..... during the relevant period. For the said reason, I am inclined to set aside the judgment of the appellate court and remit the matter to the appellate court. 6. In the result, this Revision Petition stands allowed setting aside the conviction and sentence passed by the appellate court under Sec. 135 (1) (i) of the Customs Act and the matter is remitted to the Appellate Court for the disposal of th .....

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