ASST COLLECTOR OF CUSTOMS BOMBAY Vs. AHMED ABDULKARIM

JUDGEMENT

(1.) This is an appeal against acquittal directed against the order dated 29th March 1995 by which the 1st respondent (accused no. 3) has been acquitted of the offences punishable under section 135 (1) (a) and 135 (1) (b) read with section 135 (1) (i) of the Customs Act, 1962. The 1st respondent was also acquitted of the offence punishable under section 5 of the imports and Exports Control Act, 1947. He has been also acquitted of the offence punishable under section 120-B of the Indian Penal Code.

(2.) Originally the complaint was filed by the applicant against three accused. After the 1st and 2nd accused absconded, their case was separated and was kept on dormant file and the learned trial Judge proceeded against the 1st respondent.

(3.) Thereafter on enquiry, the DRI officers found out that the accused No. 2, whom accused No. 1 had admitted as being the person to whom the said gold was to be delivered, had checked into room No. 2627 in Hotel oberoi Towers, Bombay. The said room was thereafter searched by the dri officers in the presence of two panch witnesses, the accused No. 2 who was present in the room and accused No. 1 who was brought along by the DRI officers to the said room for the identification of accused No. 2. During the course of the search, some documents were seized as being relevant to the case proceedings under the provisions of the Customs Act, 1962. Accused Nos. 1 and 2 identified each other. On being questioned by the DRI officers, the accused No. 2 who was thereafter brought to the dri office at Hotel Waldorf, Colaba, Bombay, for interrogation, disclosed that he was to deliver the said gold biscuits to Ahmed Abdul karim of Bombay V. T. In the light of this, searches of the residential and business premises of Ahmed Abdul Karim (Accused No. 3) as identified by accused No. 2 were carried out in the presence of accused No. 3 and in the presence of panchas and some documents were seized under a panchnama as- being relevant to the case proceedings under the provisions of the Customs Act, 1962. "