SHAMJI NARAN AIYER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) COMMON ORAL JUDGMENT Date : 15/10/2015 & 05/11/2015 These revision applications are directed against the common judgement and order dated 31.1.1997 passed by the learned Additional Sessions Judge, Kutch - Bhuj in three Criminal Appeals No. 41 of 1995, 42 of 1995 and 43 of 1995. The impugned judgement and order confirmed the judgement and order passed by the learned Chief Judicial Magistrate, Bhuj ­ Kutch in Criminal Case No. 2633 of 1984.

(2.) In the appeals afore-stated, the sentences imposed upon each of the accused, namely, Shamji Govindji Aiyer - accused No. 1, Naran Kanji Aiyer ­ accused No. 2 and Shamji Naran Aiyer ­ accused No. 5 of rigorous imprisonment of two years and a fine of Rs. 500/- and sentence of simple imprisonment of six months in default of payment of fine under section 135 of the Customs Act came to be confirmed. Similarly, the judgment and order imposing sentence of rigorous imprisonment of five years and a fine of Rs. 10,000/- and sentence of simple imprisonment of 12 months in default of payment of fine came to be confirmed qua accused No. 4 ­ Dhanji Ramji Aiyer. Accused No. 3 was acquitted by the trial court.

(3.) The brief facts leading to this group of revisions can be stated thus : On receipt of the input about the likelihood of passing of truck bearing registration GRO 4008 laden with smuggled goods of foreign origin near Bhachauv Customs Check post, it was apprehended at the said spot in the midnight 1:00 a.m. on 14th January 1983 with the contents of cement bags and on further inspection, beneath cement bags, smuggled goods of foreign origin were found. It was alleged that the truck carrying accused nos 2 and 3 was being driven by accused no. 1. Accused no. 3 escaped under the cover of darkness and was subsequently apprehended.