4 excludes the application of s. In regard to the argument that the operation of s. it must be evidence which implicates him, that is, which conforms in some material particulars not only the evidence that the crime has been committed but also that the prisoner (accused) committed it. It would be sufficient if it is merely circumstantial evidence of his connection with the crime. (6) On the basis of information received, the Indian Coast Guard Station Ship "Naikidevi" intercepted the suspected vessel.

He had been questioned as to whether he had any other article than those mentioned in the declaration form which he wished to declare and he had answered in the negative. (85) The question as to how, in what manner and to what extent, the inherent powers of the High Court under Section 482 of the Code are exercised for quashing the registration of FIR/final report/charge sheet/complaint etc. Spooner[14], aid the legislatures defective phrasing of an Act or add and amend or, by construction, make up deficiencies which are left in the Act.

129 Evidence in corroboration must be independent testimony, which affects the accused by connecting or tending to connect the accused with the crime. Be that as it may, the facts found clearly established that the appellant attempted to take out of India the currency notes in question. He was asked to pick up his trousers and wear them again. As regards the service fee, 944 the Tribunal held (i) that the amount of service fee paid by the company to the Parent company was excessive and beyond the requirements of commercial necessity and was allowable as an expense only as to one quarter thereof and (ii) that in any event even if the commercial necessity of the payment could not be challenged, a large part of the payment was in the nature of capital expenditure and that only the balance, being in fact a quarter thereof, was allowable as revenue expense for the purpose of determining the surplus available for the payment of bonus to the workmen.

Pemsel[13], that it is [pic]not competent to any court to proceed upon the assumption that the legislature has made a mistake. Section 23B makes punishable an attempt to contravene the provisions of the Foreign Exchange Regulation Act or any rule, direction or order made thereunder. 70 we have held that s. Even where there is a casus omissus, it is, as said by Lord Russell of Killowen in Hansraj Gupta v. Trikamdas: It is desirable, also because it may act as a deterrent on the infringer when he knows that he may have to go a few hundred miles off to a High Court where the author lives or where the book got published first.

The corroboration in material particulars must be such as to connect or identify each of the accused with the offence. [15], for others than the courts to remedy the defect. The court must proceed on the footing that the legislature intended what it has said. 4 applies only to establishments and not to factories. He had entered the customs enclosure and had signed the declaration form. On reaching there, the sleuths of the Coast Guard questioned the crew members and inquired as to whether they possessed any arms, ammunitions, guards etc.

On his personal search he dropped his trousers on the ground. Even if there is some defect in the phraseology used by the legislature the Court cannot, as pointed out in Crawford v. [16] wherein it has been ruled thus: After so stating the Court has referred to the observations made by Lord Diplock in Duport Steels Ltd. The Tribunal made its award in both the References on January 8, 1957. The corroboration need not be direct evidence that the accused committed the crime.

, the statements that have been made by him before you in this Court. In the actual calculations made by the Tribunal for determining the available surplus according to the bonus formula appearing in what has been marked as confidential exhibit T-1, the Tribunal has allowed only Rs. It must always be borne in mind, as said by Lord Halsbury in Commissioners for Special Purposes of Income Tax v. Thus, as regards the service fee, the Tribunal in its award proceeded to "prune it down ".

Corroborative evidence, you should bear in mind, is evidence which shows or tends to show that the story of the accomplice that the accused committed the crime is true. On being questioned, the crew members candidly admitted that they do possess and were carrying with them arms and ammunitions on the vessel. In the present case, a previous statement of an approver, viz. Furthermore, this point was not taken before the Bench which granted the certificate of fitness for appeal to this Court.

are no more res integra and settled by several decisions of this Court. On search of the trousers Rs. , the confession has been made exhibit before you, but that previous statement, you are further to bear in mind, cannot corroborate his latter statement, viz. 4 is assumed to be applicable to factories, we do not think it would materially affect the application of s. Official Liquidators of Dehra Dun- Mussoorie Electric Tramway Co.