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TMI Blog1994 (8) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... o customs cases under Section 67 ibid and Section 85(1)(ii) of the Gold (Control) Act, 1968. The allegations in it are briefly as follows : On 1-3-1989, the officers attached to the Central Excise Head Quarters Preventive Unit, Coimbatore, intercepted a scooter bearing Registration No.TNJ 302 driven by A.1, he was taken to his house and his premises was searched in the presence of two independent witnesses. The officers found six cotton cloth jackets in a gunny bag in a room. On examination of the jackets, they found two gold biscuits with foreign markings in each chamber. There were fifty chambers in each jacket. A.1 did not have any valid document to prove the import of the said gold biscuits. The officers seized the same, along with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.9 have also given statements. By transporting, keeping, harbouring and concealing the smuggled gold, the accused have contravened the provisions of the Notification issued under Section 11 of the Customs Act, 1962 read with the Notification issued under Section 13(1) of the Foreign Exchange Regulation Act, 1973 as made applicable to Customs Cases under Section 67 ibid and thereby rendered themselves liable to be punished under Section 135(1)(b)(i) of the Customs Act, 1962, by possessing primary gold without any authorisation, the accused have contravened the provisions of Section 8(1) of the Gold (Control) Act, 1968. After obtaining sanction the complaint has been laid. 3. Mr. M. Abdul Nazeer, learned counsel appearing for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd meet Majeed (11). Accordingly he went to Calicut in his car along with A.5, A.7, A.8 and A.10 and obtained from the Majeed (A11), 700 gold biscuits of foreign origin and transported the same to Coimbatore with the help of A.5, A.7, A.8 and A.10. Further, he stated that A.12, son of A.11 and A.13 and A.14 actively and constructively associated themselves in transporting the said gold biscuits. " A reading of the above would show that each and every act is part of a single transaction. It is not as if one can be dissociated from another. It is not as if, the act of one accused is a water tight compartment by itself, so as to segregate it from the act of the other accused. So, I am unable to accept the first submission made by Mr. Abdul Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d biscuits to Coimbatore and reference to R2 going to Nawas Khan giving the gold biscuits. This is found in the confession statement given by Ummer. From it, it cannot be stated that the subject-matter of offence in C.C.120/91 is the same in the complaint in C.C.154/91, so as to attract the embargo placed under Article 22 of the Constitution of India. In view of the above, I am unable to accept the second submission made by Mr. Abdul Nazeer. 7. In the result, the petition fails and shall stand dismissed. At the time when the order was to be pronounced, Mr. Abdul Nazeer, would submit that on identical facts, in Kanwarjit Singh v. Union of India [1994 (1) Crimes 255], Punjab & Haryana High Court had held that the court had no jurisdiction t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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