STATE OF MAHARASHTRA Vs. AMIRALI ABDULBHAI ANOSAYA

JUDGEMENT

(1.) The two respondents were convicted by the Judicial Magistrate, First Class, Bhiwandi under sections 135(b)(i) of the Customs Act and under sections 3 and 4 punishable under section 5 of the Import and Export (Control) Act, 1947 and each of them was consolidatedly sentenced to suffer R.I. for two years and to pay fine of Rs. 100/- (i/d of payment of fine to suffer R.I. for 6 months). They preferred an appeal to the Sessions Court, Thane i.e. Criminal Appeal No. 19 of 1976. The Additional Sessions Judge Thane, by his judgment dated 14-7-1976 allowed the appeal and set aside their convictions and sentences and acquitted them. Aggrieved by this decision of the Sessions Court the State of Maharashtra has preferred this appeal. Respondent No. 2 is reported to have died during the pendency of this appeal.

(2.) On prior information Mr. Patankar Inspector from Flying Squad of Customs kept a watch near Avcla village on Ahmedabad Bombay road along with certain other officers of the customs on 12-6-1969. At about 10-a.m. they were at the cross road at Pachhapur when they noticed the truck driven by respondent No. 1 with respondent No. 2 sitting by his side coming from Ahmedabad side. However, near the crossing the truck took a turn and started going back towards Ahmedabad. So the officers chased the truck and intercepted it. The truck was covered with a Tarapaulin and when asked respondent No. 1 who was driving the truck told that there were vegetable bundles in the said truck. On peeping inside through the Tarapaulin Mr. Patankar saw that below the vegetables bundles there appeared to be some gunny bags and so he ordered the respondents to remove the covering of the truck. In the beginning the respondents were reluctant to do so and were hesitating but when the officers persisted the respondent No. 1 told that there were some bundles of purchutant article in these gunny bags. We are told that the word purchutant is a Gujarati word meaning sundry articles. When the truck was being taken towards the Customs Office, on the way near Sholar village one tyre of the truck burst. The goods were, therefore, taken into another truck and were taken to the office of the customs where they were seized under a panchanama. Below 124 vegetable bundles were found 94 gunny bags containing mechanical lighters, polyster fibres of Japan make and metallic yarn made in Japan. All goods found were worth Rs. 6,09,785/-. Statements of the two respondents were recorded by Superintendent Verma. After obtaining necessary sanction a complaint against the respondent was filed in the Court of Magistrate at Bhiwandi on the allegation that they were found in possession of the above stated contraband goods which were seized in the reasonable belief that they were smuggled and the respondents were found carrying, harbouring, concealing or otherwise dealing with these goods, which they knew or had reason to believe were liable for confiscation under section 111 of the Customs Act and when they had no import licence for the same.

(3.) The respondent No. 1 admitted the seizure of the contraband goods from the truck and that he was driving the said truck. The respondents admitted that they had no licence for the contraband goods found with them. They however contended that they had no knowledge about the contents of the packages which were found in the truck. Their contention was that when the truck was loaded they were not present and one Bhiku Atmaram alone had gone to Versi Transport Company where the truck was loaded and they were told that the truck was to carry some vegetable bundles and sundry articles and the loaded goods were already covered with the tarpaulin covering when respondent No. 1 took charge of it for driving the said truck to Bombay. In proof of this defence respondent examined Bhiku Atmaram who supported their version.