KARTAR SINGH Vs. ASSTT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This judgment of mine shall dispose of two connected petitions bearing Nos. 275 and 435 of 2002 preferred against the judgment dated 22-1-2002 passed by the learned Additional Sessions Judge, Amritsar, dismissing the appeal of the accused-petitioners against the judgment dated 3-11-1997 passed by the Chief Judicial Magistrate, Amritsar, convicting and sentencing them to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/- each under Section 135 of the Customs Act (herein referred as 'the Act') for having in their possession 225 smuggled gold biscuits.

(2.) The accused are the intruders coming from Pakistan towards India, on the intervening night of 12/13-3-1991. V.P. Sharma Commandant B.S.F. Tej Singh Bisht, Inspector and other officials of B.S.F. laid picket opposite B.P. No. 136/6 to 136/7 of Indo-Pak Border. At about 1.45 a.m. On 13-3-1991, they apprehended the accused after a brief encounter and were brought to B.O. Dal. After completing formalities in the presence of the member panchayat of the village, on search of the accused, two bandoliers of Khaki jean were recovered from Mukhtiar Singh containing 75 and 70 gold biscuits respectively of foreign origin and from the personal search of the accused Kartar Singh, one bandolier containing 80 gold biscuits was recovered. However, the accused failed to produce valid documents for keeping these 225 gold biscuits. The accused as well as the gold biscuits were handed over to the customs authorities at Customs House, Amritsar. Case FIR No. 14 of 1991 was registered about which the customs authorities were informed. Panchnamas, were duly prepared. The accused had made the statements under the Customs Act. The gold biscuits were also weighed at the Custom House and referred for test. On analysis the biscuits were found to be of gold weighing 26.325 kgs worth of 999 touch purity valued at Rs. 93,13,425/-. The accused in their statements under Section 108 of the Act, also admitted having brought the gold biscuits from across the border and they were to deliver the same to Swaran Singh of village Daleri. They also admitted having brought one other consignment of 200 gold biscuits previously also for delivering the same to the accused Nirmal Singh. As such, Nirmal Singh and Swaran Singh were also impleaded as accused and complaint was filed against all the four persons. Accused Swaran Singh and Nirmal Singh were declared as Proclaimed Offenders, whereas, the accused Mukhtiar Singh and Kartar Singh faced trial.

(3.) Accordingly, they were charged for the aforesaid offences to which they pleaded not guilty and claimed trial.