AMRUTLAL VASUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE revisionist, along with one Adam Noormohmed (accused No. 2), came to be charged for the offences punishable under Section 135 of the Customs Act and Section 120-B of the Indian Penal Code, and convicted by the learned Additional Chief Metropolitan Magistrate, Ahmedabad by judgment and order dated 10th January, 1994. The revisionist came to be sentenced to undergo R. I for one year and was imposed with a fine of Rs. 25,000/-, in default to undergo S. I for three months; whereas accused No. 2- Adam Noormohmed was sentenced to undergo R. I for three years, with fine of Rs. 25,000/-, in default to undergo S. I for nine months.

(2.) AS per the case against the revisionist, accused No. 2- Adam Noormohmed was engaged in the activity of smuggling of gold biscuits, and the revisionist facilitated the activity conspired between them by providing shelter in his home, permitting use of telephone for thactivity conspired between them by providing shelter in his home, permitting use of telephone for the purpose and attending calls in respect of such activity in absence of accused No. 2.

(3.) THE trial Court found that though the statement was retracted, injuries found were of the nature which could be either self-inflicted or being caused for any other reason being in the form of tenderness and were not relatable to any beating by the interrogating officer of the Customs Department. This finding of fact by the trial Court came to be confirmed by the appellate Court while confirming the conviction and sentence.