MUHAMMED ABDULLA Vs. ASST COLLECTOR AIR CUSTOMS

JUDGEMENT

(1.) THE revision petitioner is the accused in C.C.62 of 1993 on the file of the Additional Chief Judicial Magistrate(Economic Offences), Ernakulam. He was prosecuted by the Assistant Collector, Air Customs, Air port, Thiruvananthapuram for offences under Sections 132 and 135 (1)(i) of the Customs Act, 1962 with an allegation that on 21.5.1992, the revision petitioner cleared some cargoes on the basis of a declaration given by the revision petitioner. Thereafter, it was detected that the revision petitioner omitted 30502 gms of pure silver from the declaration submitted by him and that the declaration submitted was a false one. The unaccounted silver was seized and after investigation, charge sheet was submitted before the trial court.

(2.) THE revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, Pws.1 to 5 were examined and Exts.P1 to P12 were marked. The revision petitioner took a defence that he was falsely implicated and that he had not at all gone abroad as alleged by the prosecution, no false declaration was given, no silver was transported or imported and that he, who was a member of the Board of Directors of Muttathodi Service Co- operative Bank, was regularly attending the Board meeting and was also appearing before the Judicial Magistrate of the First Class, Puttur, Karnataka in C.C. No.421 of 1991 during the period when was alleged to have been abroad. In support of that plea one witness was examined as DW1 and Exts.D1 to D5 were marked.

(3.) I have heard Adv.Sri.P.K.Muhammed, the learned counsel appearing for the revision petitioner and Sri.P.C.Ipe, the learned Special Public Prosecutor. Perused the judgments of the courts below.