PREM NARAYAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 8.8.2001 passed by IInd Additional Sessions Judge, Varanasi in Criminal Appeal No. 144 of 2001, dismissing the appeal of the applicant and confirming the conviction of the applicant under Section 135 of Customs Act and sentence of RI for a period of three years but reducing the fine of Rs. 5000 to Rs. 100.

(2.) The prosecution story, briefly stated, was that on 22.12.1999 at about 1 P.M. the Customs Authorities were checking the vehicles at Mudila at Gorakhpur Sonauli Road. In the meantime, bus No. UP 53 G 6665 owned by U.P. State Road Transport Corporation reached there. The above bus was stopped by the Customs Authorities and on checking the applicant Prem Narayan Sharma, who was travelling from said bus was found in possession of 2 packets of golden biscuits of foreign origin containing 6 Biscuits each weighing 1110.340 grams worth Rs. 5,05,204. It was being carried by the applicant in India without any authority. The applicant was apprehended and his statement was recorded under Sections 107/108 Customs Act. After due investigation, complaint was filed against the applicant in the Court of Special Chief Judicial Magistrate, Varanasi by Assistant Commissioner Customs.

(3.) The learned Magistrate summoned the applicant for trial under Section 135 of Customs Act. The prosecution in support of its case examined Surender Nath (P.W. 1). In his statement under Section 313 Cr. P.C the applicant admitted that he was carrying golden biscuits of foreign origin from Nepal. Considering the evidence of Surendra Nath (P.W. 1) and the statement of the applicant, the learned Special Chief Judicial Magistrate convicted the applicant under Section 135, Customs Act and sentenced him to undergo R.I. for a period of three years and to pay fine of Rs. 5,000