CHARANJIT SINGH Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This revision is directed against the judgment dated April 28th, 2005 passed by Additional Sessions Judge (Ad-hoc), Fast Track Court, Amritsar affirming the judgment of conviction and order of sentence dated September 27th, 2001 of Chief Judicial Magistrate, Amritsar, whereby, the petitioner was convicted under Section 135 of the Customs Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5000/- with default stipulation.

(2.) On March 5th, 1989 one Satnam Singh alias Bitta was apprehended at Delhi by the officials of the Custom Department having in his possession 199 gold biscuits. On his information, a raid was conducted at the house of Charanjit Singh-petitioner situated in Basant Avenue, Amritsar on March 6th, 1989 by Ranjit Singh, Assistant Director, Directorate of Revenue Intelligence (for short 'the 'DRI'), Amritsar along with Kapil Sood (PW-1), Kewal Krishan (PW- 2)-Intelligence Officers of DRI, G.S. Bal, Bhuta Singh, Chuni Lal officials of the DRI. Vinod Kumar and Gian Singh independent witnesses were also joined. Search of the house was conducted. An amount of Rs. 1,01,300/- was recovered from the false shelf of almirah and 100 gold biscuits having foreign mark of 10 tola each weighing 11,600 gms were recovered from underneath the mattress of the bed. The price of the biscuits was assessed at the rate of Rs. 37,31,200/-. Statement of Charanjit Singh was recorded under Section 108 of the Customs Act. It was stated by him that Amrik Singh co-accused (since deceased) was his friend. He was arrested under National Security Act and after his release, he started assisting Amrik Singh who was a smuggler. Amrik Singh used to smuggle gold from Pakistan and he (petitioner) used to transport the same to various places for which he was paid Rs. 30,000/- per consignment of hundred gold biscuits. It was also stated by him that the recovered gold biscuits were delivered to him by one Deesha, an associate of Amrik Singh, a day prior to the recovery, that is, March 5th, 1989 at his residence and the same was to be delivered to one Babbo on March 6th, 1989 at 11 a.m.

(3.) The Custom Department's officials after obtaining sanction filed complaint under Section 135 of the Act in the Court of Chief Judicial Magistrate, Amritsar.