1981 (4) TMI 103

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..... .S., Assistant Collector, Customs and Central Excise, Patiala, Chunu Mal was convicted on a complaint under Section 135 (1) (b) (ii) of the Customs Act, 1962 and sentenced to rigorous imprisonment for a period of one year and ordered to pay a fine of Rs. 2,000, in default three months' rigorous imprisonment. While pronouncing order of sentence, the learned trial Magistrate ordered the watches and .....

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..... Magistrate dated 21-12-1979 which he did not avail of. The complainant adopted another course but it turned to be an exercise in futility. By invoking jurisdiction of this Court under Section 482, Criminal Procedure Code, this Court can exercise not only powers thereunder but also as that of the first revisional Court, if otherwise it comes to its notice that an illegality has been committed by an .....

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..... lly unwarranted and without jurisdiction. The goods were not available requiring an order of disposal by the Court. Such being the position, this Court can interfere to rectify the mistake. 4. As a sequel to the aforesaid discussion, this petition is allowed and paragraph 16 of the judgment of the trial Magistrate dated 21-12-1979 is ordered to be deleted otherwise qua the remaining the order re .....

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