ABDUL KHALID Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THE revision -petitioner was convicted for an offence under Section 132/135(1)(a) of the Customs Act. Thereafter, he was sentenced to six months of rigorous imprisonment coupled with fine of Rs. 1000/ - for the offence under Section 132 of the Customs Act and to imprisonment for one year coupled with fine of Rs. 1000/ - for the offence under Section 135(1)(a) of the Customs Act. The brief facts of the case is as follows : Petitioner arrived at the I.G.I. Airport, New Delhi on 27th December, 1988 and when intercepted at the exit gate of the Customs arrival hall and questioned if he was carrying any gold or other contraband, he replied in the negative. But when the polythene bag which he was carrying was opened in presence of witnesses, some high density metal was found in a vacuum jar. On examination, one rectangular metallic sheet quoted with white metal was found. A licensed certified goldsmith was called at the spot who certified that the recovered metal sheet was gold of 24 carat purity weighing 354 gms., and valued at Rs. 1,06,200/ -. He failed to produce any evidence, documentary or otherwise for having any permission to import the gold recovered which was seized under Section 110 of the Customs Act.

(2.) HE was challaned for the offence under Section 132/135(1)(a) of the Customs Act and was summoned for the same. PW Nos. 1 and 2 supported the complaint. After hearing both the parties the learned ACMM framed the charge. Thereafter, the witnesses were produced in the box again for the purpose of cross -examination. After conclusion of trial the statement of the accused under Section 313, Cr.P.C. was recorded. No defense evidence was produced. Petitioner denied the allegations and pleaded that he was innocent.

(3.) IN the Appeal before the Court of Sessions, the conviction was upheld. The sentence imposed was also not interfered with in the Appeal. Hence the Petition under Section 397, Cr.P.C., for setting aside the Order dated 2nd August, 2004 passed by the learned Sessions Judge.