AIR CUSTOMS Vs. RAM CHANDER

JUDGEMENT

(1.) This is a criminal leave petition under Section 378(3) of the Code of Criminal Procedure, 1973 preferred by the petitioner seeking special leave to appeal against the judgment dated 11.7.2006 passed by learned ACMM whereby the accused (respondent herein) was acquitted of charge under Section 135(1) (a) of the Customs Act, 1962.

(2.) This is a case of recovery of 24 gold biscuits from the Arrival Immigration Hall of IGI Airport on 20/01/1994. The said gold biscuits were lying below the wash-basin in the toilet for handicaps and were wrapped in brown plastic adhesive tape. When the officers, acting on specific information, reached the spot, the respondent Shri Ram Chander, who was also standing there, tried to flee and struck at PW7 Duli Chand, Customs HC. It may be noted that at the relevant time the respondent was posted as constable of Delhi Police.

(3.) The respondent/accused initially resisted arrest but was overpowered by the officers of the appellant department. He was searched but no gold was recovered from his possession. The custom officers recovered a cloth belt from the possession of the accused which had been tied to his waist under his trousers. The belt had a pocket stitched on it, which was intended to be used for concealing the gold biscuits. The incriminating articles were seized.