ASSITT. COMMR. OF CUS Vs. SIRAJ BADRUDDIN PIRANI

JUDGEMENT

(1.) This is an appeal filed under Section 378(2) of the Code of Criminal Procedure 1973 against the order of acquittal dated 21.7.1995 (the impugned judgment) passed by the learned Addl. Chief Metropolitan Magistrate, Ballard Pier, Mumbai in C.C.No.90/CW/1995.

(2.) The appellant is the Assistant Commissioner of Customs (Preventive), Mumbai. The appellant had filed a criminal case against three persons who are respondent nos.1, 2 and 3 viz. (1) Siraj Badruddin Pirani alias Salim Badruddin Surani (accused no.1) (2) Roshanali Hirji Rajani (accused no.2) and (3) Akbarali Allauddin Wasaya (accused no.3). The appeal as against accused no.1 is separated as per the Court's order dated 4.6.2002 because accused no.1 has not been traced. Therefore, I heard the learned Counsel for the appellant as well as counsel for accused no.2 and counsel for accused no.3 and in view of the conclusions I have arrived at as noted below, I decided to dispose the appeal as against accused no.1 without requiring his presence.

(3.) Appellant had filed a private complaint against the three accused on the allegations that on 15.11.1994 the three accused tried to board a Cathay Pacific Flight no.CX-750 bound for Bangkok with foreign currency concealed either in their baggage or on their person for which they did not give any account and by virtue of having acquired the possession, carrying, concealing and removing foreign currency and Indian currency the accused knew or had reason to believe that those currencies were liable to be confiscated under the Customs Act 1962. Accordingly, the accused were charged for offences punishable under Sections 120-B of Indian Penal Code read with Section 135 (1) (a) read with section 135 (1) (ii) and 135 (1) (b) of the Customs Act 1962.