PASCOAL DIAS Vs. ASSISTANT COLLECTOR OF CUSTOMS P

JUDGEMENT

(1.) THIS revision has been filed by the applicant, who is convicted by the Chief Judicial Magistrate, South Goa, Margao, for an offence punishable under Section 135 of the Customs Act, 1962 read with Section 5 of Imports and Exports (Control) Act, 1947, in Customs Case No. 4/1987/a and sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 500/- in default to undergo simple imprisonment for 30 days. The challenge to the conviction and sentence, as passed by the Chief Judicial Magistrate, South Goa, Margao, resulted in the dismissal of the appeal filed by the present applicant, by the IInd Additional Sessions Judge, South Goa, Margao, by judgment dated 30th August, 2001, in Criminal Appeal No. 1 of 1994. The applicant being thus aggrieved, has filed the present criminal revision application.

(2.) THE brief facts necessary for the decision of this revision are stated hereunder :- P. W. 2 Shri K. D. Shridaran, a Preventive Officer, was on duty at the Dabolim Airport on 13th May, 1987. The applicant/accused had arrived at the Dabolim Airport by domestic flight from Bombay. P. W. 2 Shridaran noticed that the accused was moving in a suspicious manner. The applicant/accused was therefore, intercepted while he was proceeding to the exit gate with his baggage. The personal search of the accused, which was taken in the presence of the panch witness P. W. 4 S. Royan and another person, yielded the recovery of 4 gold biscuits of 10 tolas each wrapped with an adhesive tape on the sole of the left foot. Four gold biscuits of 10 tolas each and one gold biscuit of 50 gms. , was found similarly taped by an adhesive tape on the right sole. It was found that all the gold biscuits were of foreign origin having a total weight of 850 grams and valued at Rs. 2,78,730/ -. It appears that the applicant was unable to produce any documents to prove the legal import of the said gold. The contraband gold was, therefore, seized under a panchnama dated 13th May, 1987. The panchnama is at Exhibit P. W. 2/a. The complaint, therefore, came to be filed against the present applicant before the trial court, the trial court framed a charge against the applicant for an offence under Section 135 of the Customs Act. The applicant claimed to be tried and pleaded not guilty. The prosecution in support of its case examined 8 witnesses. The learned trial court on appreciation of the evidence came to the conclusion that the prosecution was able to establish that 9 gold biscuits weighing 80 grams of foreign origin were recovered from the accused, according to the learned trial court, the applicant/accused did not possess any legal documents to justify the possession of the said gold biscuits. The evidence on recovery of the gold biscuits coupled with the statement of the applicant recorded under Section 108 of the Customs Act, at Exhibit 24, proved the offence beyond reasonable doubt against the applicant. The learned trial court, therefore, passed the aforesaid sentence.

(3.) THE applicant being aggrieved by the conviction and sentence filed criminal appeal No. 1 of 1994. The said appeal came to be dismissed by the IInd Additional Sessions Judge, South Goa, Margao, by judgment dated 30th August, 2001. The learned lower appellate court held that the statement at Exhibit 24 of the applicant was a voluntary statement. The learned lower appellate court on perusal of the statement at Exhibit 24 found that the applicant/accused had admitted that the gold was of foreign origin and he had concealed the same on the sole of his feet to avoid detection by the Customs Authorities. The learned lower appellate court, therefore, found that the evidence tendered by the prosecution had established the offence beyond reasonable doubt and, therefore, confirmed the conviction and sentence and dismissed the appeal.