SHELLINA SULTAN ALI HABIB ESMAIL Vs. CUSTOMS

JUDGEMENT

(1.) This revision is directed against the judgment dated 13-3-1991 of the learned ASJ, New Delhi by which he dismissed the appeal filed by the petitioner against the judgment/order of sentence dated 4-12-90 by the Addl. Chief Metropolitan Magistrate, New Delhi, The petitioner was convicted under Sections 132 and 135 (i) (a) of the Customs Act and sentenced to undergo RI for six months and a fine of Rs. 30,000.00 or in default SI for 3 months under the first count and sentence of Rl for two and a half years and a fine of Rs. 75.000.00 or in default SI for six months under the second count.

(2.) The case of the prosecution in brief is that the petitioner on 6-4-1990 arrived at IGI Airport, New Delhi from Frankfurt by flight No. LH-700. She tried to pass through the green channel. Near the exit gate she was intercepted by R.K. Parasar, Air Customs Officer. On enquiry she denied carrying any contraband articles. She was then asked to pass through the metal detector which indicated presence of some high density metal on her person. The petitioner was then subjected to search by a lady customs officer in presence of two more ladies. The search resulted in the recovery of 100 gold biscuits with foreign markings, weighing 10 tolas each concealed in three cloth belts tied around her waist. Its weights was found to be 11,664 Kgs. of the approximate value of Rs. 39,85,760.00 . She was also examined under Section 108 of the Customs Act. After necessary sanction she was prosecuted.

(3.) By way of pro-charge evidence, the complainant examined himself as PW 1 and two more witnesses. Thereafter a charge was framed against her to which she pleaded not guilty. After the charge PW4 was examined. It appears that at that stage, petitioner moved an application expressing her desire to confess her guilt. Therefore, her statement was again recorded by the trial Court on 23-11-90 in which she admitted all the material allegations made against her. As extenating circumstance she stated that she was a victim of circumstances. She was used by certain unscrupulous persons who by way of allurement paid 700 dollars to her apart from her travelling expenses. On account of financial difficulties she was tempted. She belonged to a poor family and was running a petty Boutique in Kenya.