SUCHA SINGH Vs. ASSISTANT COLLECTOR OF CUSTOMS, AMRITSAR

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 30-9-2002, rendered by the Court of Additional Sessions Judge, Amritsar, vide which it dismissed the appeal, against the judgment of conviction and the order of sentence dated 16-12-1999, rendered by the Court of Chief Judicial Magistrate, Amritsar, convicting the accused, for the offence, punishable under Section 135 of the Customs Act, (hereinafter referred to be as the Act' only) and sentenced him to undergo RI for a period of four years, and to pay a fine of Rs. 15,000/-, in default of payment of the same, to undergo further rigorous imprisonment, for a period of six months. '

(2.) The facts, in brief, are that on 27-2-1991, at about 14.30 hours, a special picket (naka) was held by the Border Security Force Officials, consisting of Mange Ram, Inspector, Anil Anand, Sub-Inspector, Shram Singh and some other personnels, in the area of Bhikhiwind, on Bhikhwind Amritsar road. The picket party observed a red colour tractor, coming from Bhikhiwind side, being driven by the driver and another person sitting by his side. The tractor was signalled to stop. It was stopped by the driver, about 50 yards away from the place, where the picket had been held. The driver and another person, sitting by his side, alighted from the tractor, and escaped, despite chase, having been given by the aforesaid officials of the Border Security Force. Firing was not resorted to, to avoid civilian causalities. The presence of an independent witness was secured and the tractor was rummaged. After about half an hour, a specially made cavity was found below the steering and behind the meter panel board of the tractor, which resulted into the recovery of 310 gold biscuits of foreign origin bearing foreign marking packed in 31 packets. Panchnama and recovery memo were prepared, at the spot, in the presence of the witnesses. Subsequently, it was found that the tractor belonged to one Gurbachan singh r/o village Naushera Dhalla, who disclosed that one day earlier to the day of seizure, his tractor was taken by his son Sucha Singh and his friend, Swinder Singh (since demised), for getting the same repaired. The accused could not be arrested despite efforts.

(3.) The accused were summoned to face trial, for the offence, punishable under Section 135 of the Act. Swinder Singh, accused, died, during the pendency of trial and, as such, the proceedings against him stood abated.