ASSISTANT COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, GOA Vs. UTTAM BALA REVANKAR

JUDGEMENT

(1.) This revision application under Section 435 of the Code of Criminal Procedure is directed against the decision given by the learned Sessions Judge, Panjim, dated 22nd January, 1968, whereby he rejected the application in revision filed by the respondent Uttam Bala Revankar.

(2.) The material facts leading to the revision application in this Court are that on 20th April, 1966, a complaint was filed by the Assistant Collector of Customs and Central Excise, Goa, against the respondent for contravention of rule 126F and some other rules of the Defence of India Rules, 1962. The substance of this complaint was that on 25th June, 1963, at about 9 a.m., on the basis of secret information received, the residence of the respondent was raided at Margao and during its search 72 bars of gold bullion weighing 58,767.86 grams valued at about Rs. 3,14,878 were found concealed. The said bars were seized and after necessary formalities the respondent was prosecuted. The respondent challenged the legality of this prosecution on the following grounds :

(3.) The short question for consideration is whether the Criminal Prosecution is to be regulated according to the procedure laid down in the Portuguese Code of Criminal Procedure or the Indian Code of Criminal Procedure, and, for that purpose, it is necessary to reproduce the order passed by the Lt. Governor, dated 6th November, 1963 :-