STATE OF MAHARASHTRA Vs. CHIDANAND RAGHURAM TUNGA

JUDGEMENT

(1.) THESE two Criminals Appeals and the two Criminal Revision Applications arise out of the judgment of the learned Additional Sessions Judge, Pune dated 3-11-1982 in Criminal Appeals nos. 47 and 48 of 1982 by which the learned Additional Sessions Judge confirmed conviction of all the three appellants before him under Section 135 (1) (a) and (b) of the Customs Act, 1962 read with Section 34 of the Indian Penal Code, but modified the Order of sentence by reducing the substantive sentence of imprisonment of one year imposed on them by the trial Court to three months' R. I. each and maintained the sentence of fine of Rs. 1,000/- and in default to suffer R. I. for three months.

(2.) THE prosecution case in brief is as follows :-On 8-10-1979 at about 11. 30 P. M. V. S. Gombi (P. W. 1) Inspector of Central Excise, Pune along with the other officers, intercepted S. T. Bus No. MTD 8274 scheduled from Bombay to ichalkaranji, near Sategaon on Bombay Agra road. Chidanand Raghuram Tunga (original accused No. 1) Basavraj Chandrashekhar Chinwar (original Accused No. 2) and Fattu chandsaheb Patel (original Accused No. 3) were occupying seat Nos. 7, 12 and 33 respectively. The movements of Tunga (accused No. 1) aroused suspicion of the Officers and on being questioned, he denied to have been in possession of any contraband articles. However, during the search of his personal belongings in the presence of Panchas Agarwal [p. W. 4] and Naik 36 wrist-watches, 15 wrist-watch movements and 12 battery cells for electronic wrist watches and one calculator, all notified goods, valued at Rs. 12,970/- were found. Besides the contraband articles, spare parts of Indian make which were used for the concealment of the said goods of foreign origin and one rexine bag used for keeping these goods, were also attached by the customs Officer. He did not produce any documentary evidence of payment of Customs Duty on the goods. The said goods were seized under a panchanama Exh. 22. The names of Basavraj and fattu Patel were disclosed. Chinwar [accused No. 2] was found in possession of 8 pieces of fabrics and four pieces of bunions all of foreign origin valued at Rs. 1,425/- and one wrist watch worth Rs. 550/ -. Fattu Patel had no luggage but two wrist watches were found with him worth rs. 5,000/- were found on his person. These two accused also did not produce any documentary evidence showing payment of customs duty or Import documents. The goods were seized under panchanama [exh. 24]. The statements of these persons were recorded under Section 108 of the customs Act. In the departmental adjudication proceedings, the Assistant Collector of Customs and Central Excise, Pune III Dvn. directed confiscation of all the goods seized from the accused and imposed additional penalty on them. After the necessary sanction from the Collector, customs and Central Excise, Pune, for prosecution of the accused Nos. 1 to 3, the Assistant collector of Customs and Central Excise filed a complaint against these three accused under section 135 (1) (a) and (b) of the Customs Act.

(3.) ALL the three accused pleaded 'not guilty', and contended that they have been falsely involved in the case. They denied that the goods of foreign origin were found in their possession. According to them the goods were seized from one Bepari and were foisted on them.