STATE OF MAHARASHTRA Vs. NARENDRA AMRITLAL LUHAR

JUDGEMENT

(1.) This appeal is filed by the State against the order of acquittal of the respondent of the offences under Sections 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act passed by the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay dated 29.3.1982. It may be mentioned that by the very same order the respondent was convicted under Section 5 of the Imports & Exports (Control) Act and was sentenced for that offence. That part of the order is the subject matter of companion appeal No. 964 of 1984 and that shall be dealt with separately.

(2.) Briefly stated the prosecution case was as under:

(3.) The defence of the appellant was that he was having a briefcase and a baggage of blanket with him when he arrived and that he had declared textiles, sarees, radio cassette recorder and also jewellery and had gone in red channel. According to him he had told the officer that he had brought a packet containing jewellery. According to him it was not true that he had merely declared one gold chain. He agreed that he was carrying gold jewellery weighing 580 grams. According to him he had come as a tourist for about a month and was not having any import document for the jewellery. Hence, he had asked the Customs Officers to permit him to bring whatever jewellery that was permissible and allow him to take back the rest of the jewellery and had requested them to enter that jewellery in his passport so that he can take it back but according to him the officers did not do so but instead assaulted him and forced him to sign a statement which was not explained to him also. According to him he was in the red channel and had a return ticket Thus according to the respondent he had not committed any of the offences which were alleged against him.