2008 (9) TMI 297

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....hey intercepted the revision petitioner on the reasonable belief that he was carrying contraband goods in his baggage and in the search that followed, gold biscuits weighing altogether 699.84 grms with foreign markings, were seen in the baggage carried by the revision petitioner. The customs authorities assessed the value of the gold at Rs. 2.40 lakhs and the same was seized as per search list prepared at the spot in the presence of independent witnesses. The revision petitioner when questioned by the Superintendent of Customs (Customs Unit) gave statement under Section 108 of the Customs Act admitting that he had brought the gold biscuits from the abroad. Following that, the aforesaid complaint was preferred against the revision petitioner....

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....d from him. It is not disputed before me that Ext.P2 being a statement recorded by the Superintendent of Customs is not hit by Section 25 of the Evidence Act since the Superintendent of Customs is not invested with all the powers of officer in charge of a police station. Thus, there is sufficient evidence to come to the conclusion that the revision petitioner committed the offence punishable under Section 135(1)(i) of the Customs Act. There is little reason to interfere with the concurrent finding of fact entered by the courts below. 5. Point No. (ii) : It is then argued by the learned counsel that the revision petitioner is suffering from Bone Tuberculosis since long as revealed from the medical certificates produced in this revision peti....

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.... below minimum 3 years. 7. Along with the revision petition, the revision petitioner produced two certificates claiming to be issued from Christian Medical College & Hospital, Velloor. The authenticity of the said certificates is not seriously disputed by the learned Public Prosecutor. Therefore, I am persuaded to look into the said certificates. 8. The certificates say that one Mohamed Unni, S/o Abdullakutty, Padikalaparambil House, Venmanad, Trichur has undergone outpatient as well as inpatient treatment in that hospital for 'Multifocal Tuberculous osteodyelitis of Thoracic and Lumpar Spines'. The discharge summary states about the nature of investigation and treatment undergone by the revision petitioner. The ultimate recommendation ma....