RASHEED ABDULLAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was convicted for the offence under section 135(1) (b) of the Customs Act and sentenced to undergo one year's rigorous imprisonment by the Eleventh Metropolitan Magistrate, Secunderabad. In appeal the Metropolitan Sessions Judge, Hyderabad, confirmed the conviction and the sentence. The present revision case is directed against these concurrent decisions.

(2.) On 27th of September, 1974 at about 3-30 P.M. a party of the customs officials accompanied by two panchas searched the house of the revision petitioner and found 45 bottles of foreign liquor. They also seized from his possession cash of Rs. 21,900. The sum of Rs. 21,900 was later returned to the petitioner. But on 25th of June, 1975 an order was passed confiscating the 45 bottles of foreign liquor and also imposing a penalty of Rs. 1,000. On 12th January, 1976 the complaint was lodged.

(3.) What was mentioned is an offence under section 135 (b) of the Customs Act. By an amendment effected in 1973 section 135 was recast by renumbering clauses (a) and (b) of the provision as sub-section (1) and by introducing two other sub-sections. So, when the charge was mentioned as one being under section 135 (b) it really meant as one under section 135 (1) (b).