UNION OF INDIA Vs. STATE OF U P

JUDGEMENT

(1.) The abovementioned two criminal revisions are intertwined, therefore, they have been heard together and are being disposed of by this common order. Criminal Revision No. 409 of 2000 has been filed on behalf of Union of India through Deputy Commissioner, Custom Preventive Division, Gorakhpur against one Jalees Ahmad of Varanasi. Criminal Revision No. 1755 of 2001 has been filed by the abovementioned Jalees Ahmad against Union of India and Special Chief Judicial Magistrate, Varanasi. In fact, this criminal revision is an off-shoot of Criminal Revision No. 409 of 2000.

(2.) Criminal Revision No. 409 of 2000 has been filed against the judgment and order dated 24.12.1999 passed by v. Additional District & Sessions Judge ( Jalees Ahmad v. State of U.P.) under Section 135 of Customs Act, 1962. Brief facts of the case are that on the basis of a secret information, officers of D.R.I., Varanasi alongwith independent witnesses, using surveillance, intercepted near Sampurnanand Sanskrit University, Chauka Ghat, Varanasi on 4.4.1998 at about 2.00 A.M. Truck No. UP 78/ N2500. It was found that the said truck was being driven by one Jalil Ahmad. On interrogation he stated that the truck was loaded with coal. On further interrogation he informed the officers that 540 Kgs. of chinese silk thread was concealed in the first layer of the coal laden on the said truck. The driver also informed that the said raw silk was being smuggled for avoiding payment of custom duty. He further informed that one Shamshad Alam was owner of the truck and Ajmeri Munshi was the clerk of the owner. The driver also disclosed that the smuggled chinese silkyarn was got loaded at a particular place under the instruction of Shamshad Alam by Ajmeri Munshi. It was also disclosed by Jalil Ahmad that he had to hand over the said silk yarn to one Jalis Ahmad whose Varanasi tehelphone number was 210590. Jalil Ahmad had to inform Jalees Ahmad that the silk yarn had reached Varanasi and he should arrange to collect the same. Thereafter the custom officers took the truck, silk yarn and the driver Jalil Ahmad in their custody. Jalil Ahmad was examined by the customs officers under the provisions of Section 108 of the Customs Act twice. On the basis of the statements of Jalil Ahmad, various documents and other informations relating to the matter, a complaint was filed by Sri A.K. Ranjan, Assistant Commissioner of Customs against Jalil Ahmad (truck driver), Shamshad Alam ( owner of truck ), Ajmeri Munshi (clerk of Shamshad Alam) and Jalis Ahmad to whom the silky yarn was to be supplied. The complaint was filed in the court of Special Chief Judicial Magistrate, Varanasi who proceeded with the case. During the course of trial, two applications were moved before the learned Magistrate, one by Jalees Ahmad and the other by Shamshad Alam under the provisions of 245(2) Code of Criminal Procedure After hearing both the sides, the learned Magistrate dismissed both the applications vide its order dated 3.10.1998. It should be mentioned here that the relevant case is Criminal Case No. 126 of 1998. Feeling aggrieved by the order passed by the learned Magistrate on 3.10.1998 both Jalees Ahmad and Shamshad Alam preferred two separate revisions before the learned Sessions Judge, Varanasi. The criminal revision relating to Jalees Ahmad was Criminal Revision No. 569 of 1998 whereas the revision filed by Shamshad Alam was Criminal Revision No. 682 of 1998. Both the revisions were connected to each other by the learned 5th Addl. Sessions Judge, Varanasi to whose court both the revisions were transferred for disposal. The learned Addl. Sessions Judge disposed of both the revisions on 24.12.1999 allowing the revision relating to Jalees Ahmad whereas he dismissed the revision which related to Shamshad Alam.

(3.) We are not concerned here with the case relating to Shamshad Alam. Since the revision of Jalees Ahmad was allowed, the custom department felt aggrieved and it has filed Criminal Revision No. 409 of 2000 before this Court.