DHODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Dhodha has filed the instant appeal through jail against the judgment and order dated 19-6-2001 passed by the Special Judge (Economic Offences), Jodhpur (for short, the trial Court hereinafter) in Criminal Case No. 2/2000 (81/97), whereby the trial Court convicted the appellant for the offence under Sectio 135 (1) (i) of the Customs Act, 1962 (for short, the Act hereinafter) and sentenced him to undergo seven years' simple imprisonment and a fine of Rs.2000/-, in default of payment of fine further to undergo two months' simple imprisonment.

(2.) I have heard learned Amicus Curiae for the appellant and the counsel appearing for the respondent Custom Department. Carefully gone through the judgment and order impugned, as also the record of the trial Court.

(3.) On a complaint filed by the respondent Customs Department dated 10-3-1997, the appellant was put to trial for the offence under Section 135 (1) (i) of the Act. The trial Court framed charges, to which the appellant denied and sought trial. The complainant adduced evidence by producing as many as nine witnesses and the documents EX.P/1 to EX.P/7. During investigation, the statement of appellant under Section 108 of the Act, EX.P/4, was recorded.