1953 (11) TMI 1

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....rossing into the Indian Union from the French territory of Pondicherry on the night of the 23rd March, 1952, at 1 A.M. The appellant was found conveying dutiable goods namely 2 blocks of gold weighing tolas in all by tying them in a special cloth pouch around his waist and concealing them under his clothes and he was aided and abetted in that act by Mohamed Ibrahim. The appellant was charged wi....

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....nths. He also ordered the confiscation of the two blocks of gold which were found on the person of the appellant. In view of the admission and the consequent conviction of the appellant the case was withdrawn against Mohamed Ibrahim who denied his guilt. 3.The appellant filed a revisional application in the High Court of Judicature at Madras. The High Court was impressed with the argument advan....

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....agistrate shall thereupon inquire into and try the charge brought against the accused person and `upon conviction' may sentence him to imprisonment which may extend to six months or to fine not exceeding Rs. 1,000 or both and may confiscate the goods in respect of which the offence has been committed." 5.It is clear from a perusal of this section that the only jurisdiction and power which the C....