TMI Blog2008 (8) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... g for sale of such antiquity one should have a licence as provided under Section 5 of the said Act, the case does not call for any interference at the hands of this Court sitting in revision. This revision which is devoid of any merit is accordingly dismissed - 2340 of 2008 - - - Dated:- 4-8-2008 - V. Ramkumar, J. REPRESENTED BY : Shri Dilip Mohan, for the Petitioner. Public Prosecutor, for the Respondent. [Order]. The revision petitioner, who is the 1st accused in C.C. No. 49 of 2001 on the file of the Addl. Chief Judicial Magistrate (Economic Offences), Ernakulam for an offence punishable under Section 135(1)(ii) of the Customs Act, 1962, challenges the conviction entered and the sentence passed against him concurrent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a Vishnu idol which was 11 inches in height. The description of the idol as revealed by Ext. P6 certificate subsequently issued by the Superintending Archaeologist, Archaeological Survey of India, Arnattukara. Thrissur is as follows :- Four handed Vishnu standing in somabhanga, holding in right upper hand shanka. The left upper hand is broken. The idol is holding padma in the lower hand and gadha in the left lower hand is missing. The idol wears Karandamukuta and urvatilaka. A long Padmamala from the idol s shoulder was seen extended up to the leg. The idol was standing over the padmapitha. A search of the persons of the revision petitioner resulted in the recovery of a shipping bill. The above shipping bill as well as the antique ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revision petitioner under Section 108 of the Customs Act he had confessed that the above idol will fetch an amount of Rs. 1 crore in the international market. 5. The revision petitioner who had attempted to surreptitiously export the Vishnu idol disguising the same as household utensils and without declaring the same has committed an offence punishable under Section 135(1)(ii) of the Customs Act. The conviction has been rightly recorded by the courts below after a careful evaluation of the oral and documentary evidence of the case. 6. What now survives for consideration is the question as to the legality or otherwise of the sentence imposed on the revision petitioner. The learned counsel for the petitioner contended that the revisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
