Crl. Revn. No.2173 of 2002

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IN THE HIGH COURT OF PUNJAB & HARYANA,

CHANDIGARH

Crl. Revn. No.2173 of 2002

Date of decision. 01.04.2009

1.

Sardara Singh alias Saadh son of S. Chanan

Singh,

2.

Darbara Singh alias Bara son of S.Chanan Singh.

Both resident of village Wan Tara Singh, P.S.

Khalra, District Amritsar.

....... Petitioners

Versus

Assistant Collector(Custom), Department of Revenue,

Ministry of Finance, Govt. of India, Amritsar.

........ Respondent

CORAM: HON'BLE MR. JUSTICE SHAM SUNDER

Present:

Ms. Monika Jalota, Advocate

(Amicus-curiae)

for the petitioners.

Mr. HPS Ghuman, Advocate for

the respondent.

****

Sham Sunder, J.

This revision petition is directed

against the judgment dated 27.09.2002, rendered by

the Court of Sessions Judge, Amritsar, vide which

Crl. Revn. No.2173 of 2002

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it dismissed the appeal, against the judgment of

conviction and the order of sentence dated

01.08.2000, rendered by the Court of Chief Judicial

Magistrate, Amritsar, convicting the accused, for

the offence, punishable under Section 135 of the

Customs Act,1962(hereinafter referred to be as the

'Act' only) and sentenced them to undergo RI for a

period of three years each, and to pay a fine of

Rs.5,000/- each, and in default of payment of the

same, to undergo further rigorous imprisonment, for

a period of six months each. However, Sham Singh

alias Shama, accused, died, during the course of

the trial, and the proceedings against him were

dropped.

2.

The facts, in brief, are that on

29.05.1989,at about 8.30 AM, a Border Security

Force party of 45 Battalion, led by Thoru Ram,

Deputy Commandant, alongwith police officials

apprehended Sardara Singh alias Saadh son of Chanan

Singh, resident of village Wan, near his tubewell,

on the Indo Pak Border. On his personal search,

109 gold biscuits of foreign original of 24 carat

purity,

weighing

12.709

Kgs,

valued

at

Rs.40,03,461/-,wrapped in cloth packets, were

Crl. Revn. No.2173 of 2002

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recovered. On demand, Sardara Singh, accused,

could not produce any document or evidence for

lawful import/ acquisition/ possession of the

same, which were seized by the aforesaid party,

under Section 111 of the Act and Section 66 of the

Gold (Control) Act, 1968 on the reasonable belief

that the same were liable for confiscation under

Section 111 of the Act, and Section 71 of the Gold

Control Act, 1968. The seized gold biscuits were

handed over to the Customs authorities by the

Border Security Force on 31.05.1989.

2-A.

On 31.05.1989 and 03.06.1989, Sardara

Singh alias Saadh, accused, made confessional

statements before the Customs Authorities, under

Section 108 of the Act, admitting the recovery of

109 gold biscuits of foreign origin, from his

possession. He also stated that he was to carry the

aforesaid gold biscuits, to his village Wan, and

the delivery was to be made by him to his brother

Sham Singh. He also disclosed that he, Darbara

Singh, his brother, and one Surat Singh alias

Surti, were working as carriers, for his brother

Sham Singh, who had contacts with one Salim

Chaudhary of Pakistan. On 13.09.1989 Darbara Singh,

Crl. Revn. No.2173 of 2002

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accused, was also apprehended. He made a

confessional statement under Section 108 of the

Act, corroborating the version of Sardara Singh

alias Saadh, accused. Accused Sham Singh alias

Shama,(since expired) and Surat Singh alias Surti,

residents of village Wan, did not join the

investigation. It was further stated that Sardara

Singh alias Saadh, Sham Singh alias Shama( since

expired ) and Darbara Singh had illegally imported/

acquired/ possessed the seized 109 gold biscuits,

referred to above, and, thus, committed an offence

punishable under Section 135 of the Act and Section

85 of the Gold (Control) Act, 1968. The accused

were arrested. Ultimately, a criminal compla