TARSEM CHAND Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) Tarsem Chand filed this revision to impugn the judgment dated 3.2.2004 rendered by Additional Sessions Judge, Amritsar. By the said judgment, appeal against the judgment of conviction and order of sentence dated 9.11.2000 passed by CJM, Amritsar, was dismissed.

(2.) As per judgment of conviction and order of sentence, revisionist was convicted under Section 135 of the Customs Act and sentenced to undergo RI for three years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo RI for three months.

(3.) Prosecution story, in brief, is that complaint under Sections 135 and 135-A of the Customs Act, 1962 (for short 'the Act') was instituted by the Assistant Collector of Customs, Department of Revenue, Ministry of Finance, Government of India, Attari Rail, Amritsar, against Mohd. Akram and Tarsem Chand on the allegation that on 11.2.1988, Tarsem Chand was selling chana bhatura on his rehri at platform No. 1 at L.C.S. Attari Rail. Uttam Chand Sharma, Superintendent Customs, along with Sharanjit Singh, while on general supervision at platform No. 1, L.C.S. Attari Rail, noticed some hand bags and envelopes, partly lying on the ground and partly in the box of the rehri of Tarsem Chand. Ashok Kumar and Prem Kapoor were joined as independent witnesses. Hand bags and envelopes were found in possession of the petitioner. Customs officials enquired from the petitioner regarding hand bags and envelopes, then the petitioner disclosed that hand bags and envelopes belong to Mohd. Akram and Jamsed Ali, who were present by the side of the rehri. Then on search of hand bags and envelopes in the presence of independent witnesses, pearls, synthetic stones, diamonds and two bottles of Johnie Walker (foreign whisky) were recovered. Recovered articles were taken into possession vide memo (Ex.PA), attested by the independent witnesses and Sharanjit Singh, Inspector Customs. Memo was also signed by Mohd. Akram and Jamsed Ali. Recovered articles were seized under the Act and got tested from Vijay Kumar Seth, who confirmed that seized articles were pearls, synthetic stones and diamonds, worth Rs. 5,14,257/-. Petitioner made a statement on 11.2.1988 and 12.2.1988 under Section 108 of the Act by admitting that recovered bag containing seized goods was kept by Mohd. Akram and Jamsed Ali, with a direction that seized articles were to be handed over to them at the time of departure of train and Mohd. Akram was to pay him Rs. 1500/- for that job. Petitioner agreed to keep the seized articles in his possession and to do the job as assigned to him by Mohd. Akram. Mohd. Akram also admitted on 11.2.1988 that recovered articles were owned by him and same were to be handed over to one Rafiq in Pakistan, who was to give him Rs. 11,400/- as commission for exporting seized goods illegally. After obtaining sanction, complaint was instituted. Mohd. Akram was declared proclaimed offender.