ASSISTANT COLLECTOR OF CUSTOMS Vs. PALWINDER SINGH

JUDGEMENT

(1.) SANCTION conveyed vide F. No. VIII (Law) Hqrs/chg/80/77 on September 23,1977 reads :" whereas it appears from the records placed before me that on 23-8-1975 precious stones/rubi emaralds, natural pearls and diamonds jewellery worth Rs. 1,42,973/- and other miscellaneous goods valued at Rs. 863/- were recovered near village Bola Chak from an attache case and the following persons were concerned for attempt to export the above-mentioned goods improperly out of India:

(2.) ON its basis nine persons named therein were prosecuted before the learned trial Court under Section 135 of the Customs Act, 1962. Out of them Iqbal Ahmed (respondent No. 2), Chhindu (respondent No. 6), Shyam Sunder (respondent No. 7) and Balkar Singh (respondent No. 9) were absconding. Rattan Singh (respondent No. 4) was discharged by the learned trial Court. Remaining four named Palwinder Singh, Gur-bachan Singh, Mrs. Swinder Kaur and Fazal Mohd. were acquitted by the learned trial Court vide its impugned judgment dated December 15,1982 holding :-"these articles, no doubt, have been produced in the Court, yet no attempt is made to prove that these are genuine. May be accused Gurbachan Singh and his wife played a fraud on Iqbal Ahmed and what he might have been carrying with him in his attempt to flee from this country, may have been only artificial and in-valuable pieces of stones".

(3.) IT is with this question in mind that the cross-examination effected upon the prosecution witnesses has to be referred to. Now Shri Sarabjit Singh Sandhu (P. W. 3) in his statement dated 7-10-1981 made before this Court, states as follows : ' i cannot say if these stones are synthetics, cultured or glass chattels. '