JAMATRAJ KEWALJI GOVANI vs THE STATE OF MAHARASHTRA

The Supreme Court held that the Magistrate's use of Section 540 of the Criminal Procedure Code, 1898, to call a Customs Officer as a court witness after the defense had closed its case was permissible. The Court ruled that this did not violate the mandatory requirements of Chapter 21 of the Code, as the powers under Section 540 are meant to ensure a just decision. The conviction of the appellant under Sections 135(a) and 135(b) of the Customs Act, 1962 was upheld, affirming that the prosecution's evidence was valid and the burden of proof was appropriately placed.