K.K. CHOPRA Vs. DAYAL SINGH AND OTHERS

JUDGEMENT

(1.) THE Assistant Collector (Customs), Amritsar, has filed this revision petition against the order of the learned Chief Judicial Magistrate, Amritsar, dated 28th February, 1977, vide which the Respondents were discharged of the offence alleged against them.

(2.) A complaint under Section 135(a)(ii) of the Customs Act, 1962 (hereinafter referred to as the Act) was filed against the accused -Respondents by the Petitioner on the ground that the accused persons were caught smuggling 18 bags containing Cardamanvlame(sic) weighing 686 kilogrammes from India to Pakistan, on 29th May, 197l by the raiding party constituted of the police staff of Lopoke and the Border Security Staff of Kakar, who had held naka on the drain bridge in village Rania. The truck No PNA 675(sic), in which the said goods were being carried, was stopped by giving a singal. The occupants of the truck opened fire at the raiding party, who returned the fire - Ultimately, the accused Respondents were apprehended and the truck was seized. It was alleged that they were illegally and illicitly smuggling this material to Pakistan through an unauthorised route in violation of Government of India's notification No l2(I)F.I.A 7, dated 4th August 1947, issued under Section 12 of the Foreign Exchanges Regulations, 1947 The goods were also seized and taken into possession and after adjudication proceedings they were ordered to be confiscated and a penalty of Rs. 200/ each was also imposed on each of the accused Respondent.

(3.) NINE witnesses were cited, but none of them except Shri Mulkh Raj, Inspector Customs (P.W. 1)and A.s.I Sewak Ram (P.W 2) was produced although the prosecution was given 25 opportunities to produce the witnesses. The learned Magistrate observed that even if the prosecution evidence goes unrebutted, it is not sufficient to warrant their conviction. He accordingly discharged the accused Respondents.