DEPARTMENT OF CUSTOMS Vs. JOGINDER PAL JAIN

JUDGEMENT

(1.) THE Department of Customs has in this appeal challenged an order dated 29th September 2006 passed by the learned Additional Chief Metropolitan Magistrate (,,ACMM) in Case No. 444/2004 acquitting the Respondent Joginder Pal Jain of the offence under Sections 132 and 135(1)(a) of the Customs Act, 1962 (,,Act). The complaint

(2.) THE Complainant in this case was Mr. K.K. Dhasmana (PW -2) who at the relevant time was working as Air Customs Officer, IGI Airport, Terminal -II, New Delhi. According to the Complainant, on 29th January 1988, the Respondent was waiting at the IGI Airport, New Delhi at 1.30 am to travel to Hongkong via Bangkok by a Thai Airways Flight No. TG 914. The Respondent was holding an Indian passport issued from Chandigarh in the name of Mohan Lal S/o Ram Lal. The Respondent was travelling with one of his friends, Mr. Manohar Lal Grover who was also holding an Indian passport issued from Chandigarh.

(3.) IN the evidence of PW -2, it emerged that the travel documents and the baggage of both passengers were examined. Mr. Grover disclosed that he was carrying only one hand bag. He also disclosed that the other passenger travelling with him in the name of Mr. Mohan Lal was actually Mr. Joginder Pal Jain S/o P.L.Jain, a resident of Moga in Punjab. According to PW -2, the Respondent also admitted that his actual name was Mr. Joginder Pal Jain but had got a passport made in an assumed name. It was found that the Respondent had checked in one cardboard carton, one sea green colour suitcase and one briefcase of black colour of Dunsen make. The Respondent was asked to declare the contents of the baggages. He was asked whether they contained any restricted or prohibited items, or currency - foreign or Indian - or if he was carrying any such item on his person. He denied carrying any such items. Mr. Grover declared that he had one checked in baggage and that the Respondent had got the sea colour suitcase checked in Mr. Grovers name in the airline counter. This fact was also confirmed by the Respondent. The baggage of the Respondent was examined in the presence of witnesses. It is stated that the Respondent opened the suitcase with a key taken out from the pocket of the coat which he was wearing. The suitcase was found to contain the personal clothing of Respondent and two packets of sweets. They were of abnormal shape and weight. When asked whether they contained any objectionable restricted item, the Respondent is stated to have replied that the packets contained only sweets. The said packets were opened and found to contain two polythene bags, one in each packet, concealed under a layer of ,,burfi'. The polythene bags were found to contain foreign currency equivalent to Rs.16,12,371.89. These were recorded in panchnama. A separate panchnama was prepared of the personal clothing found in the suitcase. The cardboard box was found to contain items which were recorded in Annexure ,,C to the panchnama.