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TMI Blog1987 (8) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... icers. Their baggage and persons were searched in the presence of two independent witnesses. From their search 50 rectangular bars of gold i.e. 25 from each of them, weighing 10 tolas each, bearing foreign markings were recovered. The value of the recovered gold was assessed at Rs. 1 lakh. Some incriminating documents were also taken into possession. The accused could not produce the documentary evidence of owning or possessing the said gold. It was seized under Section 110 of the Customs Act. 2. The statement of the accused were recorded and in pursuance thereof their premises were searched. After completing the investigation a complaint under Section 135(b) of the Customs Act read with Section 85(ii), (iii) and (iv) of the Gold Control A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant to furnish personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Additional Chief Metropolitan Magistrate, New Delhi. The order was duly complied with. 7. The appeal came up for hearing before Shri S. C. Jain, Additional Sessions Judge, New Delhi on 7.10.1986. He dismissed the appeal ex parte by holding that the accused persons on one pretext or the other have been taking dates after dates, making these two appeals very very old one. He further observed that both accused also absconded during the pendency of the appeals and even now when the final opportunity was granted for arguments, neither the appellant made any appearance nor their Counsel appeared. After hearing the learned Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order sheets of the appellate court. Since the filing of the appeal, there were 40 dates of hearing. On almost all the dates the present petitioner's presence is recorded, except for one date when an application for exemption was duly allowed. All the adjournments were because of the non-appearance of the co-accused who is quite an elderly person, unable to attend the court because of his serious illness. That may be so but the fact remains that for the default of his co-accused the present petitioner cannot be penalised. He is a resident of Kanpur. In spite of that he made it a point to attend the court on all the dates of hearing of the appeal. The observation of the learned Additional Sessions Judge that both the accused on one pretext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to point out any provision of the Code of Criminal Procedure under which the cost/compensation can be imposed upon the accused. Learned Counsel for the respondent pointed out that under Section 357 of the Code of Criminal Procedure the accused can be ordered to pay compensation besides the imposition of fine. This argument prima facie has no substance, if one barely peruse sub-section (3) of Section 357 of the Code of Criminal Procedure which lays down "where a court imposes sentence, of which fine does not form a part, the court may, when passing judgment, order the accused persons to pay, by way of compensation, such amount as may be specified in the order, to the person who has suffered any loss or injury by reason of the act for w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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