R.V.PANSE Vs. D.S.BHOPANI

JUDGEMENT

(1.) The Superintendent of Central Excise and Customs (Preventive) Head-quarters, Pune has preferred this appeal against the judgment and order dated 16.1.1998 passed by the Chief Judicial Magistrate at Pune in Regular Criminal Case No.6 of 1991 whereby the Respondent-Accused was acquitted of the offence punishable under Section 135(1)(b)(i)(ii) of the Customs Act, 1962.

(2.) Heard the learned counsel for the Appellant. Perused the records and proceedings. That after obtaining the sanction as required under section 173 (1) of the Customs Act , 1962, one Mr. M.P.Kulkarni filed a complaint in the Court of Chief Judicial Magistrate, Pune for the contravention of Section 111 of the Customs Act, 1962 which came to be registered as Criminal Case No.6 of 1991. It is the complainant's case that on the basis of information, the Central Excise and Customs Officer (Preventive), Head-quarter Pune kept surveillance in the morning of 27.4.1988 on the Mumbai-Pune highway and intercepted one Maruti Car bearing No.MVM-9151 and Maruti Van bearing No.9001. On inquiry, it was learned that accused and other occupants travelling in the said vehicles were carrying in their baggage goods of foreign origin and as such, they were brought to the Customs Office situated at Pune. It is the complainant case that on the examination of baggage produced by the accused who travelled by Maruti car bearing No.MVM 9151, goods of the foreign origin were recovered from the personal baggage which were found to be possessed by him illegally and without valid and proper documents valued at Rs.64,145/-.

(3.) It appears that the adjudication proceedings were concluded and the penalty of Rs.1 Lakh was imposed by confiscating all the goods and the car was released on payment of redemption fine of Rs.25,000/-.