LAKHWINDER KAUR Vs. ASSTT. COLLR. OF CUS.

JUDGEMENT

(1.) Vide this order above mentioned criminal revision as well as criminal appeal would be disposed of as they have arisen out of the same incident.

(2.) Prosecution story, in brief, was that on 20.02.1990, on the basis of a specific information, Border Security Force apprehended accused Gurcharan Singh, Amarjit Kaur and Lakhwinder Kaur while traveling on a motorcycle. 213 gold biscuits of foreign origin valuing Rs.81,95,814/- were recovered. 113 gold biscuits were tied around the waist of Amarjit Kaur in a container whereas 100 gold biscuits were tied around the waist of Lakhwinder Kaur in a container. Indian currency to the tune of Rs.3,032.90 paise, one calculator and a slip written in Punjabi were recovered from accused Gurcharan Singh. The accused along with recovered goods were handed over to the custom officials on 21.06.1990. Accused suffered confessional statements before the custom authorities.

(3.) A complaint under Section 135 of the Customs Act, 1962 (hereinafter referred to as "the Act") was filed against the accused Gurcharan Singh, Amarjit Kaur, Lakhwinder Kaur, Jaspal Singh @ Bhola and Inderjit Singh. During trial accused Gurcharan Singh and Amarjit Kaur died. The trial Court, vide judgment/order dated 21.03.2002 ordered the conviction and sentence of the accused Lakhwinder Kaur and Inderjit Singh under Section 135 of the Act. So far as the accused Jaspal Singh is concerned, he was declared a proclaimed offender.