PARAMJIT SINGH Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This revision petition under Sections 401/397 of thel Code of Criminal Procedure, 1973 is directed against the order dated 21st February, 2002 framing charge against the petitioner under Section 135(1)(b) of the Customs Act.

(2.) I have heard learned counsel for the petitioner and have been taken through the record.

(3.) Facts in brief are that on 30th August, 1986 officers of the Customs Preventive Branch, Customs Collectorate, New Delhi intercepted one truck No.DEL-1885 near Punjab & Sind Bank at Roshanara Road, Delhi; Harjeet Singh was the Driver and Nishan Singh was the cleaner in the said truck; as a result of search, the Customs Officers detected one cavity made of wood in the hollow of the right hand side of rear seat behind the driver's seat of the cabin; the search of the said cavity resulted in recovery of 124 pieces of foreign marked gold biscuits, six slabs of gold and ten bars (rods) of gold; and they were seized under Section 110 of the Customs Act, 1962 and Soction 66 of the Gold (Control) Act, 1968. The recovered gold collectively weighed 27.17 Kgs. valued at; Rs.57,05,815/-; the driver and the cleaner admitted the recovery and seizure of the gold; Nishan, cleaner, in his statement stated that he did not know anything; only Pappu (accused No.2-driver) or Paramjit Singh-petitioner could tell about the details of the seized articles; and that he did not know to whom the gold was to be delivered In Delhi. The driver and the cleaner were held guilty by judgment and order dated 31st October, 1987 under Section 135(1)(b) of Customs Act and were sentenced to undergo RI for one year and three months and to pay a fine of rupees ten thousand each; under Section 85 of the Gold (Contro1) Act and were sentenced to undergo RI for two months and to pay a fine of rupees five thousand. A separate complaint was filed against the petitioner. At the pre-charge stage, the prosecution examined four witnesses. Learned trial court vide Impugned judgment and order dated 21st February, 2002, on the basis of material on record, held that a prima facie case under Section 135(1) of Customs Act against the petitioner is also made out on the ground that the petitioner was concerned in carrying, keeping, dealing with or knew or had reasons to believe the recovery and seizure of 27.17 of gold from a secret cavity from the truck No.DEL 1885. This order is under challenge.