SUNIL PANDEY Vs. CUSTOMS

JUDGEMENT

(1.) IN this revision an order of the learned Additional Metropolitan Magistrate dated 21.03.03 charging the present petitioner for committing the offence punishable under Section 135(1)(a) of the Customs Act, has been assailed.

(2.) ACCORDING to the complainant/Customs Department, on 18.07.97, a passenger disembarking from a Singapore flight was carrying a black zipper bag. His name was Satpal Singh. He was a Malaysian passport holder. He allegedly entered the customs area and proceeded to the green channel. Upon being questioned about whether he had any dutiable items like gold etc. he responded in the negative. The X -ray screening of his hand bag did not indicate anything but the metal detector indicated presence of some objects on his person. After giving notice, he was searched in the presence of two witnesses. He was found wearing a specially designed bag of velvet cloth underneath his clothes. These contained seven gold bars of foreign origin of one kg. each. The contraband was valued at Rs. 31.5 lakhs and Rs. 41.67 lakhs. In addition, a visiting card bearing the name of 'Monica Sarees' was recovered.

(3.) DURING the course of investigations, the said accused Satpal Singh recorded a statement under Section 108 of the Customs Act. The material portion of that statement reads as follows: