STATE OF MAHARASHTRA Vs. BHARAT

JUDGEMENT

(1.) The complainant had filed Criminal Case No. 4439 of 1978 before the Chief Judicial Magistrate, Nanded, against the two accused, who are real brothers, for offence under Section 135(1) of the Customs Act, 1962, read with Government of India, Ministry of Commerce and Industry, Import Trade Control Order No. 17 of 1955 issued under Sections 3 and 4A of the Import and Export Control Act, 1947. Charge was, however, framed by the learned Magistrate against the accused for offence under Section 135(1)(b)(ii) of the Customs Act. After full trial, the learned Magistrate acquitted both the accused of the offence with which they were charged and this order of acquittal dated 27-11-1981 is challenged by the original complainant in this Criminal Appeal.

(2.) As observed above, both the accused are real brothers, but they are residing separately at Nanded. The prosecution alleged that the customs officers had reliable information that the accused acquired, possessed and dealt with some smuggled goods in contravention of the provisions of the Customs Act and, as such, those goods were liable for confiscation under Section 111 of the said Act. In pursuance of such information, Janardhan Modak (P.W. 1), who was the Superintendent of Central Excise at Nanded, raided the house of accused No. 1 - Bharat Gadewar - on 27-3-1976 with the aid and assistance of his colleagues and in presence of two panchas. During this search, some wrist watches of foreign origin and nylon brand straps collectively valued at Rs. 11,476/- were found with accused No. 1 and accordingly they were seized by Mr. Modak under a panchnama of seizure of that date. It was further alleged that on the basis of the confidential information, the house of accused No. 2 - Sudhakar Gadewar - was also searched on 29-3-1976 by the customs officers, namely, Nathmal Krishnaji Patil and others, under the search warrant issued by the Superintendent of Central Excise, Mr. V.Y. Bendre (P.W. 3), and in that search, Rado wrist watch of foreign origin, three Dimensional Photographs of Japan Make and foreign made straps, valued at Rs. 1,079/-, besides other documents and tools, were found with accused No. 2 and accordingly, they were seized under a seizure panchnama.

(3.) It was also alleged that after this search, the statements of accused Nos. 1 and 2 were recorded by the officer of the Central Excise under Section 108 of the Customs Act. The Deputy Collector of Central Excise and Customs, Pune, held enquiry and passed an adjudication order on 31-7-1978, where by the articles found in possession of both the accused were confiscated. After obtaining the requisite sanction for prosecution of the accused, the complainant filed private complaint against both the accused in the Court of the learned Chief Judicial Magistrate, Nanded, for offences mentioned in paragraph 1 above.