PREM PRAKASH CHAUDHARY Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) Impugned order of 30th August, 2008 affirms trial court's order of 27th January, 2007 and the charge framed on 18th April, 2007 against petitioner and his co-accused for offence under Section 135 (1) (a) of the Customs Act, 1962.

(2.) Petitioner's co-accused-Ashwani was apprehended on 31st October, 1989 when he had come to Air Cargo Complex to take two packages which had arrived by Singapore Airlines and were under surveillance. Upon search of Ashwani's car, pieces of watches, VCRs, etc., collectively valued at Rs. 60,77,000/- were recovered alongwith some documents and bill of entry, and the same were seized as they were liable to be confiscated under Section 111 (d) of the Customs Act, 1962. Vide impugned order, petitioner alongwith his co-accused have been called upon to face trial for fraudulent evasion of duty chargeable on imported recovered items.

(3.) The impugned order relevantly notes as under: -