ROOP SINGH Vs. ASSISTANT COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 17.12.2003 passed by Additional Sessions Judge, Amritsar, whereby the appeal against the judgment and order dated 5.3.2001 passed by the Chief Judicial Magistrate, Amritsar was dismissed. Vide the trial Court judgment the petitioner was convicted under Section 135 of the Customs Act, 1962 (hereinafter referred to as 'the Act ) and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of three months.

(2.) Prosecution story, in brief, is that on receiving the information from the Company Commander of the Border Security Force (hereinafter referred to as the B.S.F) that some foot prints were noticed coming from the side of Pakitan, Police party was sent to the stated place and met the aforesaid Company Commander. Accused Roop Singh was found roaming nearby in suspicious circumstances. He was taken to a place from where four jackets were recovered from beneath the earth. Villagers were also called and they witnessed the entire occurrence. All the four jackets were opened by the B.S.F officials to find that they were carrying concealed in them 400 biscuits of gold of foreign origin. They were taken into possession by the Inspector Customs. On 22.6.1990, Roop Singh suffered a statement under Section 108 of the Act in the presence of Sh. S.K Mehta, Superintendent Customs (Preventive), Amritsar admitting recovery and seizure of 400 gold biscuits from him in the manner as aforesaid. He further stated that one Swaran Singh alias Samma met him on 18.6.1990 and told him and his brother Piara Singh that gold would be concealed in their fields by a Pakistani National during the night and if they could transport the said gold from their fields to the residence of Sarwan Singh, they would be paid Rs.5000 per 100 gold biscuits. Thereafter Piara Singh was also arrested. After getting requisite sanction from the Collector, Customs, Chandigarh, the instant complaint was filed and pre charge evidence was recorded. The complainant examined P.P Singh, Inspector Customs (PW-1) Y.S SIkarwar, Addl. DIG (PW-2) who reiterated the accusations against the accused. Vide Ex.PA Y.S Sikarwar had handed over the recovered gold biscuits to P.P Singh, Inspector Customs while EX. PB is the certificate from goldsmith to the effect that recovered 400 gold biscuits weighed 46640 grams and their purity was 24 carats and their value was Rs.1,53,91,200/-. The statement suffered by Roop Singh under Section 108 of the Customs Act led into evidence as Ex. PC and the one made by Piara Singh on 5.10.1990 as Ex. PD.

(3.) On appraisal of recharge evidence led by the complainant, the Court of Chief Judicial Magistrate, Amritsar found a prima facie case punishable under Section 135 of the Act and they were charged thereunder. Accused pleaded not guilty and claimed trial. Statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating material appearing against them was put to them. They pleaded their innocence and false implication. In defence, the accused examined one Baj Singh of Village Dal as DW-1 who testified that a B.S.F party had called the accused to the Border Post on 20.6.1990 and he was made to sign on certain blank papers though no recovery was effected from the accused in his presence.