ASSISTANT COLLECTOR OF CUS Vs. HASANALI RUMI

JUDGEMENT

(1.) This is a case where the customs authorities are impugning an order of acquittal dtd. 8/10/1993 passed by the Additional Sessions Judge, Mumbai, acquitting respondent nos.1, 2, 3, 4 and 5 of offence under various provisions of Customs Act 1962 and Imports and Exports (Control) Act 1947.

(2.) It is noted that accused no.4 during the course of pendency of this appeal died and as per the order dtd. 25/11/2011, the appeal against the said accused no.4 abated. The impugned judgment was passed in the appeal filed by the accused challenging an order and judgment dated 7-12- 1989 passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai, convicting the accused for the offences punishable under Sec. 135(1)(a) (i) of the Customs Act 1962, read with Sec. 67 of the Foreign Exchange Regulation Act, read with Sec. 11 of the Customs Act, read with Sec. 77 of the Customs Act 1962, read with Sec. 135(1)(b)(i), read with Sec. 5a of the Imports and Exports (Control) 1947. The Learned Magistrate had sentenced the accused for various terms of rigorous imprisonment and fine.

(3.) The case of the prosecution in brief is that on 22/1/1987, on information received, the customs officers went to Hay Bunder in Mumbai port and noticed a country craft, which was anchored there and boarded the said country craft. The name of the country craft is M. V. Mamun (the said vessel). There were 20 crew members which include the accused as well. Accused no.1 was the Tandel of the said vessel. The officers had also taken with them two panch witnesses and in the presence of those panch witnesses, searched the vessel. During the search, the officers found that there were cavities in the planks at different places in the vessel and there were 14 cloth belts and 8 brown paper packets concealed in those cavities and when those 14 cloth belts and 8 brown paper packets were opened, it contained 750 gold bars with foreign markings. Each gold bar was weighing 10 tolas and the total value of the gold on that date was approximately Rs.2,17,75,050.00 . None of the crew including the accused could account for importing or possession of the gold, as importation of gold was banned at that time. Officers seized all the gold found on the said vessel under a panchanama in the reasonable belief that it was smuggled and liable to be confiscated. The said vessel had come from Dubai and was in Indian Waters. She was also carrying wet dates and almonds.