HARVINDER SINGH Vs. ASSISTANT COLLECTOR OF CUSTOMS, AMRITSAR

JUDGEMENT

(1.) Present revision petition has been filed by Harvinder Singh son of Karam Singh and Avtar Singh son of Jaswant Singh. They were tried in a complaint filed by the Customs Department under Section 135 of the Customs Act, 1962 (hereinafter referred to as "the Act"). The Chief Judicial Magistrate, Amritsar, being trial Court convicted them for an offence under Section 135 of the Act and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- each, in default whereof to further undergo rigorous imprisonment for three months each. The recovered currency of Rs. 13,56,000/- was confiscated under Section 113 of the Act.

(2.) Aggrieved against their conviction and sentence, petitioners filed an appeal. The appeal was decided by the Court of Additional Sessions Judge, Amritsar, on 16-3-2009. The Appellate Court upheld their conviction but taking into consideration long pendency of the trial reduced the sentence awarded to the petitioners from three years to two years.

(3.) Complaint in the present case was filed by the Assistant Collector, Customs Division, Amritsar. A BSF party consisting of M.S. Raghawa, Assistant Commandant, Devi Dutt, Driver, and other officials held a special naka at India-Pakistan Border and at a distance of about 300 meters of the Border, they apprehended Harvinder Singh with Indian currency notes of Rs. 13,56,000/- . The BSF party also recovered three chits written in Urdu on exercise book paper from possession of Harvinder Singh which furnish details regarding the persons who indulge in smuggling of gold in the territory of India and exchange foreign currency with gold. On 29-8-1985, Avtar Singh was arrested. His statement was recorded and he was also put to trial.