UNION OF INDIA Vs. GULAM MOHD FAROOQUE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 15.04.2004 vide which the respondent (Gulam Mohd. Farooque) stood acquitted under Section 132 and Section 135 (1) (a) of the Customs Act, 1962 (hereinafter referred to as the said Act); the Magistrate vide his order dated 23.12.2003 had held the respondent guilty convicting him under Sections 132 & 135 (1)(a) of the said Act.

(2.) The Union of India was aggrieved by the aforenoted findings of the Sessions Judge and is in appeal before this Court.

(3.) Record reveals that on 11.01.1999, the respondent who was an NRI and having stayed for 10 months at Doha (Qatar) had arrived at the IGI airport with two checked-in baggages and one hand luggage. On arrival, he was asked that if he had any dutiable items to which he replied in the negative. He passed through green channel. At the exit gate, he was stopped by the Custom officer and was enquired whether he had any gold or silver items to which he again replied in the negative. He was diverted for X-ray examination where the metal detector beeped positive. Notice under Section 102 of the said Act was given to him. He did not opt for search either before the Magistrate or before any senior officer. On his personal search from his jacket, he was found carrying 10 gold biscuits, 4 gold bangles and two pairs of earrings valued at Rs.5,24,700/-. The respondent was unable to furnish any document of custom duty payment. The gold items and jacket were confiscated.