DIRECTORATE OF REVENUE INTELLIGENCE Vs. MONI

JUDGEMENT

(1.) THIS petition under section 378(IV) Cr.P.C has been filed for leave to appeal by the DRI officials against the judgment dated 15.06.2007 passed by Ld. ACMM, Delhi in complaint case number 295/1/88 under section 135(1)(b) of Customs Act, whereby the Ld. ACMM has been pleased to acquit the accused persons/respondents of the aforesaid charge.

(2.) THE case of the prosecution/petitioner is that a maruti car bearing no. DDQ -6910 was intercepted on 28.09.1988 by the officers of the Delhi Zonal Unit of DRI near Delhi –Haryana Border at Sarai Khwaja Check Post near Faridabad and escorted to the DRI office at Paryavaran Bhavan, Delhi. On being checked, 200 foreign marked gold biscuits of 10 tolas each were recovered from the cavity of the car which were in the possession of Diwan Singh Verma and Narender Pal Singh and further 79 Gold Busciuts, were also recovered from the premises of Diwan Singh Verma. It is also submitted by the petitioners that from the residential premises of Diwan Singh some incriminating documents and Indian Currency amounting to Rs.49,656/- were also seized. A complaint in this regard has been filed against the respondent under section 135 of the Customs Act.

(3.) IT is the case of prosecution that the judgment of acquittal is bad in law as well as on facts because of the following grounds: