UNION OF INDIA Vs. SAMARATHMAL

JUDGEMENT

(1.) This is an appeal against acquittal. The accused-respondent has been acquitted of charges under Ss.3 and 4A of the Import and Export (Control) Act, 1947, Cl.3 of the Import (Control) Order, 1955, and under S.11 read with S.135(b) of the Customs Act, 1962.

(2.) It was on 8-10-1973, on the basis of intelligence collected by the Central Excise Officers, a vigil was kept on the godown of M/s. Roshan Transport and Forwarding Agency, Jawahar Marg, Indore. The accused arrived at the office of the aforesaid Transport and presented a lorry receipt, and after completing other necessary formalities, took delivery of a package. Jyoti Silk Factory was the consignor while the consignee's name as given in the lorry receipt was Shah Babubhai Manakchand, Indore, but it was the accused-respondent who had taken delivery of the package.

(3.) There was intelligence information that the package contained, contraband goods the accused was questioned about it, who admitted in presence of Panchas that the package contained foreign made synthetic fabrics. On opening the consignment, six hundred yards of synthetic fabric of Japanese make and origin, valuing at Rs. 9,000/- was found and seized in presence of the Panchas.