SHRI MALKI SINGH Vs. SURESH KUMAR HIMATLAL PARMAR

JUDGEMENT

(1.) Being aggrieved by the acquittal of Suresh Kumar Parmar, by the Addl. Chief Metropolitan Magistrate, Mumbai by judgment dated 18th December 1998, the Assistant Commissioner of Customs has preferred the present Appeal.

(2.) It is the case of the appellant that on 24th March 1996, officers of the Air Intelligence Unit-1, Sahar Airport, Mumbai intercepted two passengers by name Arvind Vyas (Accused No.1) and Shri Suresh Kumar Parmar (Accused No.2) while they were proceeding to board Emirates Flight No.501 from Bombay to Dubai. The passengers had completed their Immigration and custom formalities and on being questioned and interrogated the accused No.1 stated that he had inserted bundles containing foreign currencies inside his rectum and swollen capsules containing foreign currencies. He stated that he was accompanied by accused no.2 and he also admitted that he had concealed foreign currency in his hand bag. On search, the currencies were found to be concealed in 200 hollow metallic buttons which were stuck on 20 dresses. The accused no.1 volunteered to eject the foreign currency concealed in his rectum and swallowed by him in form of capsules. He ejected two bundles and 13 capsules which contained 65,000 Saudi Riyals, 31,000 UAE Dirhams and 4,500 Qatari Riyals. From his hand bag, 40,000 US$ were recovered. In his second attempt, he ejected 11 capsules from which 17500 UAE dirhams, 12,000 Saudi Riyals and 3,000 Qatari Riyals were recovered. The total recovery was equivalent to Rs.25,42,750/- Indian currency. The currency was recovered under a panchnama and it was alleged that it was an attempt to smuggle the said currency out of India and hence it was liable for confiscation under the Customs Act, 1962.

(3.) During the course of investigation, the statement of the accused persons came to be recorded under Section 108 of the Customs Act. The accused No.1 admitted the carriage, concealment, recovery and possession of foreign currency under seizure. He stated that he received the currency from one person and it was to be handed over to his contact person in Dubai and he had undertaken the job for monetary consideration of Rs.7,000 and a free Air ticket. The statement of the accused no.2 also came to be recorded, where he admitted that out of the foreign currency under seizure Rs.12,000 were invested by him and the remaining was the money of some other person. He admitted that he had transpired to smuggle foreign currencies out of India and the ticket and visa for himself and the accused no.1 was arranged by the said person. He gave an admission that he was accompanying the accused no.1 Arvind Vyas to ensure the said delivery of foreign currencies at Dubai.