QUASIM ALI Vs. ADDITIONAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 27.02.2002 and order on sentence dated 02.03.2002 passed by the learned Additional Chief Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of six months and fine of Rs.1,000/- for offence under Section 132 of the Customs Act, in default of payment of fine to further undergo simple imprisonment for 11/2 months; to undergo rigorous imprisonment for a period of three years and fine of Rs.1,000/- under Section 135(1) (a) of the Customs Act, in default of payment of fine to further undergo simple imprisonment for 11/2 months and upholding the judgment of conviction and sentence by the learned Additional Sessions Judge vide judgment dated 29.10.2007, the present revision petition has been filed by the petitioner.

(2.) Factual matrix, as emerges from the record, is that the Customs filed a complaint against the petitioner/accused for offences punishable under Sections 132 and 135(1) (a) of the Customs Act, 1962. It was alleged that on the basis of an information, in the early hours of 23.01.1995, the petitioner was intercepted near the pre- paid taxi counter, outside the arrival hall of IGI Airport. The petitioner had arrived from Dubai from flight No.EK-702. In the presence of two independent witnesses, the petitioner was enquired who admitted that he was carrying smuggled gold concealed in his rectum as well as batteries of lamp-cum-fan, emergency light, lunch boxes etc. in his baggage. The petitioner was taken to New Customs House where he told that he would ease out the gold then and there. After sometime, the petitioner eased out one rectangular object wrapped with black colour tape, which was found to contain two gold biscuits of ten tolas each. From the checking of his baggage, three rectangular plates of gold were found concealed in the emergency light; three gold plates were found in the battery of lamp-cum-fan; six handles of gold were found from the lunch boxes; he was found having goods valued at Rs.67,190/- which were in excess of free allowance. A goldsmith was called who certified that the gold recovered was of 24 carat purity, collectively weighing 1370 grams valued at Rs.6,43,900/-. It was also revealed that one wire of gold polished with white substance was recovered from each of the fifty ball pens. The goldsmith opined it to be of 24 carat gold collectively weighing 106 grams and valued at Rs.39,962/-. 400 US $ were also recovered from the person of the petitioner. Gold and other articles were seized.

(3.) On completion of investigation, complaint was filed against the petitioner. The petitioner was summoned. Pre-charge evidence was recorded and charges under Section 133 and 135(1) (a) of the Customs Act were framed against the petitioner. The petitioner pleaded not guilty to the charges framed.