9911796707
TMI Blog1991 (5) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... mproperly out of India:- 1. Shri Palwinder Singh S/o Sh. Rattan Singh, H. No. 1790/12, Gali Misgran, Amritsar. 2. Shri Iqbal Ahmed S/o Siraj-u-Din, H. No.12, Gali No. 4, Bhati Gate, Lahore (Pakistan). 3. Shri Gurbachan Singh S/o Dharam Singh, H. No. 1790/12, Gali Misgran, Amritsar. 4. Shri Rattan Singh S/o Dharm Singh, H. No. 1790/12, Gali Misgran, Amritsar. 5. Mrs. Swinder Kaur W/o S. Gurbachan Singh, H. No. 1790/12, Gali Misgran, Amritsar. 6. Shri Chhindu Christian S/o Teja Singh Vill. Kalsian, P.S. Khalra, Distt. Am ritsar. 7. Shri Shyam Sunder S/o Jiwan Lal, C/o S.S. Rameshwar Dass, Chhote Lal, Tobacco Katra, Khari Bauli, Delhi. 8. Fazal Mohd. S/o Sh. Isaq Mohd., H. No. 1103, Mohalla Madrasa Hussain Bux, Jama Masjid, Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... empt to flee from this country, may have been only artificial and in valuable pieces of stones". 3. It is with this question in mind that the cross-examination effected upon the prosecution witnesses has to be referred to. Now Shri Sarabjit Singh Sandhu (P.W. 3) in his statement dated 7-10-1981 made before this Court, states as follows: - 'I cannot say if these stones are synthetics, cultured or glass chattels.' 4. Shri M.S. Bhandari (P.W. 1) stated that the diamonds studded jewellery is available in the market. Shri G.D. Sidhu (P.W. 2) states that at the time of recovery, they did not know that the recovered articles were not diamonds and that these were non-precious stones. The valuation of these articles was obtained yet that value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of an offence relating to any of the goods to which Section 123 applies and the market price whereof exceeds one lakh of rupees, with imprisonment for a term which may extend to seven years and with fine; Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, such imprisonment shall not be for less than one year; (ii) in any other case, with imprisonment for a term which may extend to three years, or with fine, or with both. Section 135 (1)(a) of the Customs Act, 1962 makes three actions of a person punishable. 9. If we analyse and break-up the provisions enacted in Section 135(l)(a)(ii) it will be clear that structurally it is divisible into three parts, name ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
