CUSTOMS Vs. SURJEET SINGH CHABRA

JUDGEMENT

(1.) The Department of Customs seeks leave to appeal against the order dated 3rd August 2010 passed by the learned Additional Chief Metropolitan Magistrate-01, New Delhi in CC No.160/1/91 acquitting the Respondent of the offence under Sections 132 and 135 (1) (a) of the Customs Act, 1962.

(2.) The case of the Petitioner is that, on 16th July 1991, the Respondent arrived at Indira Gandhi International Airport, New Delhi by flight No. BA-035 from London. After he collected his baggage, he walked through the Green Channel of the Customs Arrival Hall. Thereafter, he was intercepted by the Customs Officer near the exit gate. When he replied in the negative to whether he was carrying any contraband items, he and his baggage were searched. From his person, one gold chain and one gold kada was recovered. From his baggage, one more gold kada (which was kept in a pouch) valued at Rs. 1,18,250, 12 gold ginnie of 22 carat purity weighing 95 grams valued at Rs. 35,625/-, one fax machine, one camera and other miscellaneous goods were recovered. Since the Respondent had not declared the said articles and attempted to fraudulently evade, the prohibition imposed on the import thereof, and payment of the customs duty thereon, a complaint was filed against him by the Customs Department under Sections 132 and 135 (1) (a) of the Customs Act.

(3.) There are two grounds on which the learned trial Court has acquitted the Respondent ? the first was that the Petitioner was unable to prove the sanction order was issued in accordance with law. Although PW-1 had recognised and identified the signature of the sanctioning authority, the file in which the sanction order was passed, was not produced. Further, the sanctioning authority was not examined as a witness. The second ground was that the independent witnesses named in the panchnama, and in whose presence the arrest and seizure took place, were not examined.