ASSISTANT COMMISSIONER AIR CUSTOMS, CALICUT AIRPORT, KARIPUR Vs. KALLIDUMBIL ABDUL RAHIMAN; STATE OF KERALA

JUDGEMENT

(1.) The appellant is the complainant in C.C. No.15/2008 filed under the provisions of the Customs Act, 1962.

(2.) The case of the complainant was that, on 21.06.1997 at about 4.15 p.m. they intercepted one Veerankutty who was to travel in a flight of the Indian Airlines from Calicut to Sharjah. On search of his luggage, foreign currency worth 19,11,041/- was recovered from the bag. In the course of the interrogation of the said Veerankutty, he gave a statement in writing under Section 108 of the Customs Act narrating the entire incident and inter alia alleging that currency was entrusted to him by the 1st respondent herein on a promise to pay a sum of 20,000/-. Thereupon, the complaint was laid against the said Veerankutty and the 1st respondent herein for offence punishable under Section 135(1) (II) of Customs Act. Veerankutty alone faced the trial since the 1st respondent herein was not available. Ultimately, the case against the 1st respondent herein was split up and refiled. Later he surrendered before the Customs authorities and after initial proceedings faced the trial before the learned Additional Sessions Judge. On the side of the prosecution, PW1 to PW6 were examined and Ext.P1 to P3 were marked. The trial Judge, on an evaluation of the available materials concluded that, the prosecution failed to prove the allegation against the 1st respondent herein and acquitted him. This is challenged at the instance of the Air Customs in this appeal.

(3.) Heard both sides and examined the records.