KALA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE this judgment I dispose of four Criminal Revision Nos. 568 and 576 of 1987 filed by Kala Singh petitioner, and 632 and 633 of 1987 filed by Acchar Singh petitioner. All the four revision petitions pertain to one occurrence which took place on 21st April, 1980. In relation to this very occurrence, the Customs Authorities filed Compalints Nos. 135 and 135-A of the Customs Act against Kala Singh and Achhar Singh, and the Police also filed criminal proceedings under the general law against these very persons. Shri Harchand Singh Maunder, Additional Sessions Judge, Amritsar, vide one judgment disposed of two Criminal Appeals Nos. 69 and 60 of 1985, filed by Kala Singh and Achhar Singh separately, on 18th April, 1987. Learned Additional Sessions Judge affirmed the judgment and order dated 23rd April, 1985 passed by the Court of Judicial Magistrate Ist Class, Amritsar, who recorded conviction under Section 135 of the Customs Act against the accused, i.e. Kala Singh and Achhar Singh, to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine, they were ordered to undergo rigorous imprisonment for nine months more, on the allegations that on 21.4.1980 they were in possession of 23 kgs. of opium without any licence on permit. The said Additional Sessions Judge, Amritsar, also gave a separate judgment in the challan case on 18th April, 1987 and again affirmed the judgment and order dated 23rd April, 1985 passed by the Judicial Magistrate Ist Class, Amritsar, who convicted and sentenced the petitioners under Section 9 of the Opium Act.

(2.) FIRST of all I would like to incorporate the allegations of the complaint. According to the complaint on 21.4.1980 secret information was received with the Customs Department to the effect that a car bearing registration No. JKN- 1459 will be carrying smuggled goods from Pakistan to India. On the basis of this secret information the Customs Party conducted a traffic check and stopped the said car near village Heer on the drain bridge on Ajnala-Amritsar road. Kala Singh petitioner was found sitting on the rear seat of the car while Acchar Singh petitioner was driving the said car. The car was searched in the presence of the officials, the accused persons and some non-officials witnesses and 27 kgs. of opium of foreign origin wrapped in polythene papers packed in 14 small packets was recovered from the car. The opium was taken into possession. The petitioners could not produce any licence or permit to import the opium from Pakistan. The samples of opium were taken separately and these were sent to Chemical Examiner (Customs), Central Revenue Control Laboratory, New Delhi, and on examination the contents of these samples were found to be of opium. The accused were interrogated by the Customs Officers and during the course of their interrogation they admitted the possession of the opium of the foreign origin and their statements to this effect were recorded. It was also alleged in the complaint that the accused were carrying, removing and concealing the smuggled opium fully knowing that it was smuggled goods and thereby they had contravened the Import Control Order No. 17/55 as amended and issued under Section 3(1) of the Imports Control Act, 1947 read with Section 11 of the Customs Act, 1962.

(3.) ON the closure of the prosecution evidence the statement of the accused was recorded under Section 313, Cr.P.C., and all incriminating circumstances were put to them. The accused denied these circumstances and pleaded not guilty. When called upon to enter their defence, the accused examined DW-1 Harbhajan Singh, DW-2 Joginder Singh, DW-3 Mohinder Singh and DW-4 Subhash Chander.