Union Of India v. Shyam Saheb Suttar @ Dnyanoba Laxman Yenpure And ANR.

(8) ALS-58-18.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 58 OF 2018 Bharat D. Pandit Date: 2019.11.19 17:36:25 +0530 Union of India .... Appellant V/s Shyam Saheb Suttar and Anr.

..... Respondents.

Mr. Natarajan Narayanswamy for the Appellant. Mr. S.V. Gavand, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 14, 2019 P.C.:- 1] Exhibits-P-9 and P-10 are confessional statements claimed to have been recorded under Section 108 of the Customs Act. That being so, same are admissible in evidence. Support is drawn from the Judgment of the Apex Court in the matter of Asstt. Collr. of Ex., Rajamundry vs. Duncan Agro Industries Ltd.

2] It appears that the learned Magistrate, by ordering acquittal, has not considered these statements. In view thereof, leave granted. 1 2000 (120) E.L.T. 280 (S.C.) 1/2

(8) ALS-58-18.doc 3] Admit. Learned APP for the State waives service of notice. 4] Call for the record and proceedings.

5] Action under section 390 of the Criminal Procedure be taken. Accused is admitted to bail on the same terms and conditions on which he was ordered to be released by the Court below. ( NITIN W. SAMBRE, J. ) 2/2