UNION OF INDIA Vs. HASMUKH MAKEN TANDEL

JUDGEMENT

(1.) CRIMINAL Appeal No. 611 of 1987 has been filed by the Union of India, challenging the Judgment and order dated 12 -6 -1986 passed by the learned Chief Judicial Magistrate, Valsad, in Criminal Case No. 35 of 1984, against the respondents No. 1 to 3 -original accused Nos. 1, 2 & 4, whereby the learned Magistrate has acquitted the respondents No. 1 to 3 from the charges levelled against them.

(2.) CRIMINAL Appeal No. 104 of 1992 has been filed by the appellant -original accused No. 3 Ramji Hirea Sosa. Originally the said appellant -accused has filed Criminal Appeal No. 38 of 1986 before the Sessions Court, Valsad, challenging the conviction rendered by the trial Court, whereby the trial Court, has held the appellant - accused guilty for the offence under Section 135 of the Customs Act and sentenced him to suffer rigorous imprisonment for 2 years with fine of Rs. 10,000/ - i/d to undergo RI for 9 months. However, when the Criminal Appeal No. 611 of 1987 came up for hearing before this Court, this Court vide Order dated 3 -2 -1992 ordered the said Appeal to be heard along with Criminal Appeal No. 611 of 1987 and, therefore, the papers of Criminal Appeal No. 38 of 1986 have been called for from the Sessions Court and it is renumbered as Criminal Appeal No. 104 of 1992 before this Court.

(3.) THE short facts of the case of prosecution is that on 6 -12 -1991 Vapi custom office had received an information that smuggled watches were being carried in one station wagon from Daman to Bombay. Therefore, the officers of the Department had kept watch at Bhilad check -post and at that time they saw one station wagon on National Highway No. 8 and, therefore, they gave indication to stop the Said vehicle, but it did not stop. The officers, therefore, chased the said vehicle and while making efforts in chasing the said vehicle, the vehicle of the department turned turtled. The station wagon, bearing No. GAG 8438, was intercepted but the persons in the said vehicle run away. The said vehicle was thereafter brought at Vapi Custom House. In the presence of panchas panchnama was made and 7601 wrist watches, approximately valued at Rs. 22,80,300/ -, were found out from secret cavity of the said vehicle. It is alleged that no documents regarding the said watches were found out and, therefore, it was reasonably believed that the same were smuggled goods.