STATE OF MAHARASHTRA Vs. AKHTAR HUSSAIN REHAMAN MOSON

JUDGEMENT

(1.) THE learned Judicial Magistrate, First Class, Vasai, by his order dated 27th May 1980 acquitted the Respondents (Accused Nos. 1 to 5 hereinafter referred to as "the accused") of the offences under Section 135 (a) (b) read with with Section 135 (i) of the Customs Act, 1962 and section 3 and 4a read with Section 5 of the Imports and Exports (Control) Act, 1947. The said order is challenged in this appeal by the State. The few relevant facts leading to the prosecution of the accused may be stated thus : dattatraya Mugave P. W. 1 who was then working as Assistant Collector of Customs in the directorate of Revenue Intelligence at Bombay, on the basis of information received by him on 4-2-1971 that smuggled goods are likely to be landed at Kalamb, went along with his raiding party consisting of six officers to Nirmal where they kept themselves in hiding at a place and awaiting further information about the time of actual landing of the goods. On 5-2-1971 at about 3 a. m. upon information having been received that the goods were landed at Kalamb and were being loaded in a truck, the raiding party proceeded to Kalamb. While approaching Kalamb, they saw a truck standing on the road with its lights on. They saw one person standing near the truck and another siting in the driver's cabin. The person who was standing outside escaped and according to the prosecution, the person sitting inside driver's cabin was present accused No. 1. The raiding party took charge of the truck which was loaded with packages covered with gunny cloth and packed and proceeded to the Customs House, Vasai. As they proceeded in the direction of Vasai while the truck was being driven by one of the officials, they saw an Ambassador Car coming from opposite direction near Satpala. The time was about 3. 30 a. m. The officers stopped that Car and interrogated the persons who were siting in that Car. Those persons were accused nos. 2 to 5. At that place itself, panchas were called and the truck as well as accused Nos. 1 to 5 were shown to them. Thereafter the truck was taken to the Vasai Customs House along with the said Car and all the accused i. e. 1 to 5 were taken to the Customs House. It may be mentioned that the raiding party was traveling in a Car along with the truck.

(2.) AT Vasai Customs House, the packages loaded in the truck were unloaded and opened and inventory of the contents was taken in the presence of panchas and a panchanama was drawn. The inspection of the goods revealed that they consisted textiles with foreign making, sewing machine needles, metallic yarn and packets of sewing needles and razor blades. There were in all 91 packages. Their value was estimated over Rs. 13 lakhs and the amount of duty that was payable thereon which was allegedly sought to be evaded, was more than Rs. 4 lakhs. Thereafter summons were issued to the accused under Section 108 of the Customs Act and their statements were recorded. After completing these formalities, sanction to prosecute the accused was obtained under Section 137 (1) on 18th December, 1976 (nearly 5 years after the commission of the alleged offences ). As complaint was instituted in the Court of the Judicial Magistrate, First class, Vasai on 22nd December, 1976 against the accused for committing the offences under sections mentioned earlier.

(3.) THE prosecution examined six witnesses and relied upon the statements of the accused recorded under Section 108 of the Customs Act. Reliance was also sought to be placed on the panchanama of seizure.