ASSISTANT COLLECTOR CUSTOMS Vs. VEDA SINGH

JUDGEMENT

(1.) THIS order shall disposed of Crl. A. No. 292-SBA of 1997 and 399-SBA of 1997, as both the appeals have arisen against the same judgments/orders of the learned Additional Sessions Judge.

(2.) THE facts which are relevant for the decision of the present appeals are that accused respondents Surjit Singh, Veda Singh and Daljit Singh besides Hardial Singh (declared Proclaimed Offender) were accused respondents in a criminal complaint under Section 135 of the Customs Act, 1952, filed by the Assistant Collector Customs, Department of Revenue, Ministry of Finance, Government of India, Amritsar. After hearing both sides and perusing the record, the learned Chief Judicial Magistrate, vide judgment and order dated 23.12.1992, convicted the accused respondents under Section 135 read with Section 11 of the Customs Act, 1952 read with Import and Export (Control) Order No. 17/55 amended and issued under section 3(1) of the Import and Export Control Act, 1947, and were sentenced to undergo RI for two years and to pay fine of Rs. 1000/- each and in default of payment of fine to undergo further RI for three months, while the seized watches were ordered to be confiscated to the State which were to be disposed of in accordance with law. Aggrieved against this judgment and order of the learned Chief Judicial Magistrate, the accused respondents Surjit Singh, Veda and Daljit Singh filed two criminal appeals before the Sessions Court. The learned Additional Sessions Judge, Amritsar, vide judgment dated 9.5.1996, disposed of both the appeals filed by the accused. The appeals were accepted, the judgment and order passed by the learned Chief Judicial Magistrate were set aside and the accused were acquitted of the charge framed against them. Aggrieved against this judgment of the learned Additional Sessions Judge, the complainant (Assistant Collector Customs) filed the above mentioned appeals against the acquittal of the accused respondents.

(3.) I have heard the learned counsel for the accused respondents and gone through the record carefully.