The applicability of plea bargaining under Chapter XXIA of the Cr.P.C. is upheld for offences under the Customs Act, 1962, with individual liability for smuggling assessed per seized goods.

JUDGMENT

Subramonium Prasad, J. This writ petition under Article 226 & 227 of the Constitution of India read with Section 482 Cr.P.C. is directed against Order on sentence dated 24.09.2021, passed by the learned ACMM-01, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 sentencing the Respondent herein to undergo imprisonment for a period already undergone and pay a fine of Rs.50,000/- for offences under Sections 132 and 135(1)(a) and (b) of the CUSTOMS ACT , 1962, and Orders dated 27.09.2021 and 29.09.2021, passed by the Ld. CMM, Patiala House Courts, New Delhi, in C.C. No. 2193/2020 directing Customs/Petitioner herein to release the passport of the Respondent herein.

2. The facts, in brief, leading up to this petition are as follows:

i. It is stated that on 11.09.2019, two passengers - Ms. Aida Askerbekova (Pax-1) and Ms. Begaim Akynova (Respondent herein - Pax-2) were intercepted at T-3, IGI Airport, New Delhi by Customs Officers. When asked to pass through the Door Frame Metal Detector Door (DFMD), a hard beep sound was heard, and Ms. Askerbekova and the Respondent herein were consequently served a notice under Section 102 of the CUSTOMS ACT , 1962, in the presence of independent witnesses.

ii. It is stated that the Respondent consented to personal and baggage search, which was conducted by Ms. Ambika Rani, ACS. This search led to the recovery of the following items:

a) 3 yellow metal strips moulded into circular shape, total weighing 1875 grams appearing to be gold concealed inside the body around the waist and thigh with the help of strings;

b) Boarding Pass of Flight No. KC 907 dated 11.09.2019;

c) Kazakhstan passport no. N08622501 issued on 26.02.2013;

d) One old and used Mobile Phone of Samsung Brand;

e) Currency: INR-200, USD-520; and VI. Old and used personal effects.

iii. It is stated that on examination from a jewellery appraiser who submitted an Appraisement Report dated 11.09.2019, according to which the yellow metal was found to be gold. The report for both the passengers is as follows:

iv. The rate of Gold as per Notification No. 62/2019 - Customs (N.T.) dated 30.08.2019 was USD 496 per 10 grams. Exchange rate of USD as per Notification No. 63/2019 - Customs (N.T.) dated 05.09.2019 was Rs.72.80/-. Therefore, the total Tariff Value of the recovered gold came to be Rs.1,81,44,672/-.

v. It is stated that both Pax-1 and Pax-2 (Respondent herein) claimed that the recovered gold belonged to them and that they did not have a copy of the Bill for purchase of the recovered gold. They also did not dispute description, quantity, weight, purity and value of the gold assessed by the Customs Department. It is stated that both Pax-1 and Pax-2 (Respondent herein) admitted to their involvement in the smuggling of gold deliberately, intentionally and knowingly with the intent to evade Customs duty.

vi. It is stated that the recovered gold was seized under Section 110 of the CUSTOMS ACT , 1962 vide Seizure Memo dated 11.09.2019 and was liable to confiscation under Section 111 of the CUSTOMS ACT , 1962. The gold recovered from Pax-2 (Respondent herein) was kept in a transparent plastic container wrapped with transparent adhesive tape and sealed with Customs Plier Seal `Customs PA IGI" over a paper slip bearing signatures of the independent witnesses, both the Pax, the interpreter, the Air Customs Officer and the Air Customs Superintendent. This container was deposited under the Detention Receipt No