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CR.A/439/1983 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 439 of 1983
With
CRIMINAL
MISC.APPLICATION No. 1400 of 1984
=========================================================
SIDIQUE
HUSSEIN SUP - Appellant(s)
Versus
Y.R.JADEJA,
SUPNDT. OF CUSTOM & 1 - Opponent(s)
=========================================================
Appearance
:
None
for
Appellant(s) : 1,
MR YN RAVANI for Opponent(s) : 1,
MR HL JANI
Ld. APP for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 24/01/2011
ORAL
ORDER
The
appellant, in this appeal, under sec. 374(2) of Code of Criminal
Procedure, has challenged the judgment and order of acquittal dated
26.2.1982 passed by the learned Chief Judicial Magistrate, First
Class, Bharuch, in Criminal Case no. 1231/1979, whereby, the learned
Judge has convicted the appellant for the offence punishable under
sec. 135 of the Customs Act and sentenced him to undergo R/I for 2
years and to pay a fine of Rs.1000/-, in default, to further undergo
imprisonment of six months and also of the offence punishable under
sec. 5 of the Import & Export (Control) Act, 1947 and sentenced
him to undergo R/I for 3 years and to pay fine of Rs. 1000/-,in
default, to undergo further imprisonment of six months, which is
impugned in this appeal.
It
appears from the Board that the appellant is not remaining present
personally or through his advocate, though sufficient time was
granted. It further appears from the papers that the criminal case
is of the year 1979 and the date of the order is dated 26.2.1982 and
this appeal is preferred in the year 1983 and till date, the
appellant is not appearing before this Court. It, therefore, appears
that the appellant is not interested in the result of the appeal.
In
the result, this appeal is disposed of for want of prosecution. The
impugned judgment and order of conviction and sentence dated
26.2.1982 passed by learned Chief Judicial Magistrate, Bharuch in
Criminal Case No. 1231/79, is hereby confirmed.
The
appellant Accused is directed to surrender before the Jail
Authority within a period of three weeks from the date of this order,
failing which, the concerned Sessions Court shall issue
non-bailable warrant to effect the arrest of the appellant-ori.
Accused.
As
the main appeal being Criminal Appeal No. 439/1983 is disposed of, no
order on Criminal Misc. Application No. 1400/1984 and is disposed of
accordingly.
(Z.K.SAIYED,
J.)
mandora/
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