K G POPLEY AND SONS Vs. COLLECTOR OF CUSTOMS PREV

JUDGEMENT

(1.) THE appellants in Appeal No. GC(T) Bom. 10/82 have filed the present application seeking permission to produce certain documentary evidence comprising of charge sheet, judgments and depositions of witnesses etc. in the Criminal Proceedings initiated against the appellants for an offence under Sec. 85 of the Gold (Control) Act, 1968, for the same incidence which is the subject matter in the appeal.

(2.) During the course of arguments, Shri K.M. Desai, the learned senior counsel for the applicants, submitted that even assuming that the charge and judgment of the criminal case, cannot be admitted as evidence in these proceedings, we should atleast permit admission of the deposition of the panch witnesses, and the seizing officer, recorded in the Magisterial Court.

(3.) THE only question raised before us is whether the depositions of the witnesses, particularly those of prosecution witness, recorded during the criminal proceedings, should be permitted to be produced before this Tribunal as additional evidence. This evidence was not produced before the adjudicating authority.