DEPARTMENT OF CUSTOMS Vs. SHARAD GANDHI

JUDGEMENT

(1.) Aggrieved by the order dated 16.11.2005 passed by the learned Additional Chief Metropolitan Magistrate dismissing the complaint and discharging the respondent, the present revision petition has been filed by the petitioner.

(2.) Factual matrix, as emerges from the record, is that on 18.02.1995 during the course of clearance of courier bags of M/s DHL Worldwide Express, a wooden box was intercepted on suspicion and was examined by the Customs Preventive Officers of IGI Airport. The wooden box had contained Stone Figure Handicrafts in the courier manifest. In the airway bill, sender was shown as Mr.Robert Jaeger and receiver was shown as M/s DHL Worldwide Express. On examination of wooden box, it was found containing one partly mutilated stone head. The officers of Archaeological Survey of India were called to examine the said stone head. The officers of Archaeological Survey of India identified the sand stone head as of Budha and declared the same to be an Antiquity. The same was, therefore, seized. The allegation against the respondent was that the sand stone head of Budha was booked by him for Robert Jaeger through M/s DHL Worldwide Express. The airway bill was signed by the accused and thus the accused was the owner of the consignment and he had attempted to export the seized antique piece of sand stone of Budha illegally. The respondent was arrested on 06.07.1995 in accordance with law.

(3.) After completion of enquiries, a complaint for offences punishable under Section 132 & 135 (i) (a) of the Customs Act was filed by the Department of Customs against the respondent. Cognizance of offences was taken.