ASST.COMMR.OF CUSTOMS Vs. NAZIR THARAVETTIL

JUDGEMENT

(1.) The above appeal is filed by the Assistant Commissioner of Customs Special Customs, Preventive Division, Kozhikode challenging the acquittal order dated 7.6.2004 in C.C. No. 37/1995 on the file of the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam. The above complaint was lodged against the respondent herein alleging offences punishable under Sections 132 and 135 of the Customs Act.

(2.) The case of the complainant is that on 17.11.1994 at 8.15 a.m., the Superintendent and party, Air Intelligence Unit, Karipur intercepted the accused at the exit gate of the Import Baggage Hall after customs clearance through green channel. To the question whether he was carrying any gold, it is the case of the complainant that he replied in the negative. On the reasonable belief that he was carrying undeclared gold, the officers searched his person and baggage in the presence of independent witnesses. His baggage consists of one rexin suit case, one plastic carry bag and a bundle of mats. Open examination of the plastic carry bag it resulted in the recovery of one black Echolac zipper handbag. When the hand bag was opened and examined, 42 gold biscuits with markings 'U.S.B.G.S 990.0' Union Bank of Switzerland 10 tolas Melter Assayer wrapped with cellophane paper were found concealed in it. On search of his person 3500 U.S,dollars were recovered from the left pocket of the shirt worn by him. The gold biscuits recovered were got assayed by a goldsmith and certified that the gold biscuits were of 24 carat purity and the total weight of the same is 4897.2 gms. The market value of the same was estimated to be Rs.23,31,067/-. According to the complainant, the accused did not produce any legal document for the import of 42 gold biscuits into India. The gold biscuits were seized under a mahassar along with 3500 U.S dollars. Hence it is alleged that the accused committed the offence and the complaint was filed. The complaint was taken on file and the accused appeared. The court framed charge under Section 135(1) (i) of Customs Act .

(3.) To substantiate the case, the prosecution examined PW1 to PW6. Exts.P1 to P15 were the exhibits marked on the side of prosecution. Four documents were marked as court exhibits.