UNION OF INDIA Vs. CHUNGNUNGA

JUDGEMENT

(1.) This is a petition under Sections 397/401 read with Section 482 of Cr.P.C. intended to challenge the legality of the order dated 2-12-2002 passed by Court of ADM(A), Aizawl, in Criminal Trial No. 2253/2001 (Refer Aizawl P.S. Case No. 723/2001, under Section 25(1-B)(a) of Arms Act read with Section 6(a) PP Rules, 1950 and Section 121/121A of I.P.C.)

(2.) The officer of the Aizawl Customs Division seized on 29-11-2001 five pieces of A.K. rifles, 2 pieces 9 mm pistols and 22 numbers of live ammunitions concealed in three white nylon bags and wrapped with woolen cloth of foreign origin from a godown located at Zion Street, Aizawl. A second party of customs officers, acting on information, could intercept Mizoram State transport bus at Keifang and apprehended respondent No.1 , who later on identified the bags as his own property and the customs officers recovered Indian currency amounting to Rs. 5880.00 (Five thousands eight hundred eighty) and an identity card was also seized from him. Respondent No. 1 having no documents to support possession of these smuggled goods was booked under the Customs Act, 1962 on his admission in presence of witnesses. The smuggled goods along with identity card were seized by the customs officers as per provision of Section 110 of the Customs Act, 1962 vide Seizure Memo No. 68/CL/IMP/CUS/ASAIZ/2001, dated 29-11-2001.

(3.) On the same day customs authority handed over the respondent alongwith seized arms and ammunitions etc. to the O.C. Aizawl Police Station for taking further action as per other laws and an FIR was filed. Upon the said FIR police registered Aizawl P.S. Case No. 723/2001 under Section 25(1-B) (a) Arms Act, 1959 read with Section 6(a) PP Rules, 1950 which was subsequently registered as Criminal Trial No. 2253/2001.