Dclip Kumar Shaha (Petitioners) Vs. TheState (Respondent) [The Special Powers Act (I of 1974),
Section 25 (B)(2).]
Mohammad Fazlul Karim J
Appellate Division Cases
(Criminal)
JUDGES
J. R. Mudassir Husain C J
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Date of Judgment
25th February 2004
The Special Powers Act (I of 1974),
Section 25 (B)(2).
The Code of Criminal Procedure (V
of1898), Section 342. Non Payment of Taxes Duty.
Articles were seized and seizure
list was prepared in his presence wherein he put his signature he also
identified the accused-Petitioner in the dock and that another..the eye
witnesses of the occurrence, by their testimony proved the prosecution case and
corroborated each other in support of the prosecution case and the informant,
P.W 1 deposed that the accused petitioners illegally smuggled contraband alachi
into Bangladesh from India without payment of custom duties and taxes and the
prosecution witnesses proved that the accused petitioner kept in his possession
42 Kg. Indian black alachi and failed to show any legal document in respect of
those articles and all the prosecution witness namely P.Ws. 1-4 proved the
prosecution case as to the time, place and manner of occurrence and thus the
prosecution proved the suit of the accused petitioner beyond reasonable doubt
and accordingly dismissed the appeal (6).