KOCHAKKADAM KUNJUVAVEED THOMAS Vs. D R GOHIL

JUDGEMENT

(1.) This Criminal Revision Application under section 397 of the Criminal Procedure Code, 1973 has been preferred by the petitioner above named, who was accused no.3 before the learned Addl.Chief Metropolitan Magistrate at Ahmedabad in Criminal Case No.332/98. The learned Magistrate found him guilty of offence punishable under Section 135 of the Customs Act, 1962, read with section 120-B of the Indian Penal Code and sentenced him to suffer R.I. for four years and to pay fine of Rs.10,000/in default of payment of fine, he was required to further undergo S.I. for six months. Facts leading to this Revision may be briefly stated as follows: On 18.1.1998, an information was received by the officers of the Customs Department that contraband gold was to be imported in Indian Airlines Passenger Coach No.GJ-IX-9042 bringing the passengers of Flight No.IC 886 from Muscat to Ahmedabad. That the said prohibited gold was to be taken with the passengers concerned to the arrival gate. Therefore, the officers of the Customs Department kept vigilance over the passengers coming from that flight. Ultimately, on enquiry, it was found that a packet was noticed in the machine tool box of the said passenger coach. It was also noticed that there were 48 gold biscuits of foreign mark. The total weight of the said gold biscuits was 5616 grams and the value thereof was assessed as Rs.23,28,000.00. It was further noticed that in the said tool box, a packet was there containing 3110 U.S. dollars equivalent to Rs.1,23,000.00 in Indian currency. The said flight arrived at Ahmedabad Airport at 3.50 a.m. on 18.1.1998. A Panchnama was prepared and accused persons were arrested. During the course of enquiry, it was noticed that the present petitioner was accused no.3 in the said matter. He was the driver of the said coach and he was actively involved in assisting commissioning of the said offence and, therefore, all the three accused persons were brought to the Court by way of a complaint filed by the Customs Superintendent at Ahmedabad. The said complaint proceeded ahead resulting in conviction of all the three accused persons including the present petitioner.

(2.) The present petitioner preferred Criminal Appeal being Criminal Appeal No.66/2000 before the City Sessions Court at Ahmedabad. In fact, all the three accused persons preferred different Criminal Appeals against their conviction . We are not concerned with Criminal Appeals No.56 and 59/2000 filed by the other two persons. We are concerned with Appeal No.66/2000 filed by the present petitioner before the City Sessions Court, Ahmedabad. After hearing the parties, learned Addl.Sessions Judge dismissed the appeal of the present petitioner and confirmed the conviction and sentence awarded to him by the learned Addl.Chief Metropolitan Magistrate.

(3.) Feeling aggrieved by the said judgment and order of the learned Addl.City Sessions Judge in Appeal No.66/2000, the petitioner has preferred this Revision before this Court under section 397 of the Code of Criminal Procedure, 1973 (for short, 'the Code').