LAWS(P&H)-2013-7-284

ASSISTANT COLLECTOR, CUSTOMS Vs. AMRIK SINGH

Decided On July 03, 2013
Assistant Collector, Customs Appellant
V/S
AMRIK SINGH Respondents

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of criminal Appeal No. S. 696 SBA of 1997 titled as Assistant Collector, Customs v. State of Punjab and Criminal Revision No. 595 of 1997 titled as Ajit Pal Sethi and another v. Union of India through Assistant Collector, Customs as both appeal and revision have arisen out of the same judgment and incident. For convenience facts are being taken from Criminal Appeal No. S. 696 SB of 1997 titled as Assistant Collector, Customs v. State of Punjab. Ajit Pal Singh Sethi and Daljit Singh -accused have been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a line of Rs. 10,000/ - each. In default thereof, further rigorous imprisonment for one year in a case under Section 135 of the Customs Act, 1962 fin short the Act).

(2.) THE facts of the prosecution case, in brief, are that on 4 -5 -1992 the officials of Directorate of Revenue Intelligence (Regional Unit) Amritsar, comprising of S.K. Luthra, Senior Intelligence Officer, Buta Singh, Harpal Singh, V.K. Sharma, all intelligence officers, R.K. Saini, Steno, Rajbal Singh Sepoy, Kashmir Singh along with Border Security force consisting of Sharam Singh, Jasbir Pal Singh, Dhir Singh, Roop Singh, Sukhwinder Singh, Baljinder Singh, Shankar Singh. Sukhdev Raj, Vijay Singh Negi, Bhagwan Singh, Baga Singh, Raghbir Singh and Nand Kishore, had set up naka on Pathankot -Jalandhar road near Mukerian. On the basis of specific information, the party intercepted one Mahindra Jeep bearing registration No. PB -08 -K -0992 near Mukerian on the said road along with its two occupants Ajit Pal Singh Sethi and Daljit Singh at 8:15 hours. The place of interception being unsafe, the jeep including the above -mentioned occupants was escorted to the above -mentioned Directorate where the said jeep was thoroughly rummaged in the presence of Satnam Singh son of Tara Singh, Kulwant Singh son of Sulakhan Singh and C.S. Pokharia, Assistant Director (General) B.S.F. headquarter Jalandhar and the above -mentioned customs/B.S.F. officers. The rummaging revealed a specifically designed secret cavity in the rear mud -guard on the left side of the said jeep's body. The search of the cavity revealed four cloth vansalies which when opened yielded gold biscuits duly wrapped in adhesive tapes which on counting came to 400. Each biscuit weighing 10 tolas was bearing foreign marking. On further rummaging, one more cavity built in right side of the mud -guard of the jeep was detected from where, three more vansalies were recovered. When the same were opened, the same revealed 328 more gold biscuits each weighing 10 tolas bearing foreign marking duly wrapped in similar adhesive tapes. Therefore, in all 728 gold biscuits valued at Rs. 3,65,00,464/ - were recovered and the same were seized under Section 110 of the Customs Act, 1962 in consequence of failure of Ajit Pal Singh Sethi and Daljit Singh to produce any documentary evidence regarding their lawful importation acquisition/possession/transportation. The above -mentioned jeep valued at Rs. 2,00,000/ - was also taken into possession under Section 115 of the said Act along with the registration book and insurance cover note.

(3.) IN pre -charge evidence, prosecution examined Harpal Singh, Intelligence Officer, DRI (PW -1), S.K. Luthra, Superintendent Customs (PW -2), Buta Singh, Custom Inspector (PW -3), V.K. Sharma, Intelligence Officer, DRI (PW -4), Ghansham Dass, goldsmith (PVV -5), Vijay Kumar, goldsmith (PW -6) and closed the evidence.