IBRAHIM SATTAR GANCHI Vs. INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) Present revision petition has been preferred by Ibrahim Sattar Ganchi. He was prosecuted by Inspector of Customs, Ministry of Finance, Department of Revenue, Govt. of India, Amritsar in a complaint instituted under Section 135 of the Customs Act, 1962 (hereinafter referred to as, 'the Act') in the Court of Chief Judicial Magistrate, Amritsar. The trial Court vide its impugned judgment dated 12th December, 2000, held the petitioner guilty for importing fake currency and vide a separate order of even date, sentenced him under Section 135(1) (ii) of the Act to undergo rigorous imprisonment for a period of one year with a fine of Rs. 1000/- and in default of payment of fine he was ordered to further undergo rigorous imprisonment for one month.

(2.) Aggrieved against the same, petitioner had filed an appeal. The Court of Additional Sessions Judge, Amritsar found no merit in the appeal and had dismissed the same, while upholding the conviction and maintaining the sentence.

(3.) In the complaint, it was stated that on 18th August, 2000, the accused- petitioner Ibrahim Sattar Ganchi entered India at Land Customs Station Attari Rail from Lahore, Pakistan by Samjhota Express and was seen moving in suspicious circumstances by a senior Customs officer. He was asked to report at Counter No. 14 for detailed examination of his baggage and also for his personal search. Before the search could be conducted, two independent witnesses, namely Kulwant Singh and Jasbir Singh were called and the accused- petitioner was asked to declare if he was carrying any contraband, narcotics, gold or fake currency. In answer thereto, the accused-petitioner declared that he was carrying Indian currency amounting to Rs. 11,600/- consisting of 22 notes of the denomination of Rs. 500/- each and 6 notes of the denomination of Rs. 100/- each, and had handed over the same to the Customs officer. Since all the notes were new and were in a single series, on scrutiny they were found to be fake. The recovery memo was attested by independent witnesses, namely Kulwant Singh and Jasbir Singh. Jaswant Singh, Seizing Officer and A.K. Bhatnagar, Superintendent Customs also attested the said recovery memo. For being in possession of fake currency, a complaint dated 2nd September, 2000 was instituted against the accused-petitioner. The list giving details of currency notes including their denomination and serial number was proved as Ex. PA and the Panchnama of recovery as Ex. PB. Recovery-cum-Seizure memo was proved as Ex. PC and statement of the accused recorded by the Customs officer as Ex. PD. The arrest memo of the accused was proved as Ex. PG.