Law: Evidence Act, (1 of 1872)

Section: 45

Law: Customs Act 1969

Section: 2(s),156 (1), (8)

(a) Evidence Act (I of 1872) S. 45Expert witness=CompetencyTest.[Evidence]. The test for judging the competency of an expert is to determine as to whether he is skilled and has adequate knowledge in a particular calling to which the enquiry relates. It is for the Court to decide the question of the competency and fitness of such witness and the test is to see if the witness is sufficiently qualified by experience. (b) Evidence Act (I of 1872) S. 45Expert witnessOpinion of experienced jeweller qua precious stones, held, a4lmisstble when his experience in field not challenged in crossexamination. (c) Customs Act (IV of 1969) S. 2(s) SmugglingAttemptAccused purchasing ticket for going to a foreign country, checked in at Airline counter, given boarding card and baggage tags and finally 'asked to make a declaration Accused in declaration suppressing information regarding huge quantity of foreign currency in his possession and precious stones carried by himAppellant, but for interception by Customs Officers having done everything in his power to take contraband out of country, case of attempt to smuggle, held, established. (d) Customs Act (1V of 1969)  S, 156 (1), (8) PunishmentQuantumQuestion of sentence . To be determined on facts of each particular caseNo hard and fast ruleNo material on record as to financial capacity of appellant  No argument regarding his inability to pay fine imposedHaving regard to circumstances pointed out by appellant's counsel, sentence of imprisonment and fine however, reduced to meet ends of justice.[Sentence]. Date of hearing: 7th October, 1979.                                                                                                              JUDGMENT The appellant was tried and convicted under clause (8)1'of sec tion 156 (1) of the Customs Act, 1969, and was sentenced to undergo simple imprisonment for 15 months and to pay a fine of…