TMI Blog2009 (5) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... erritory of India and exchange foreign currency with gold. On 29-8-1985, Avtar Singh was arrested. Held that- recovery of more than Rs. 13 lakh in 1985 huge and such huge amount cannot be planted on petitioner. No explanation for roaming near border with huge amount. Trial pending for 24 years and delay taken into account to reduce sentence from two years to one and half year. - 871 of 2009 - - - Dated:- 20-5-2009 - Kanwaijit Singh Ahluwalia, J. REPRESENTED BY: Shri Vikram Chaudhri, Advocate, for the Petitioner. Shri H.P.S. Ghuman, Advocate, for the Respondent. [Order (Oral)]. - 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old. On 29-8-1985, Avtar Singh was arrested. His statement was re corded and he was also put to trial. 4. Two Courts below have noticed in the statements of witnesses who appeared in the trial and relying upon their testimony recorded finding of fact that both the petitioners are guilty of offence under Section 135 of the Act. 5. Notice of motion was issued. Record of two Courts below was requisitioned. 6. On the last date of hearing, counsel for the petitioners was made aware of the limitations of the revisional Court i.e. it cannot re-appreciate and do re-appraisal of the evidence. Therefore, this Court can only, while exercising re visional jurisdiction, examine patent illegality or irregularity in the conduct of trial or regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Appellate Court is against the record. PW. 4 Gurdev Singh, in his cross-examination, has stated that accused Avtar Singh was apprehended by the party. PW. 2 R.S. Multani has stated that Avtar Singh was arrested and Ex.PW. 2/B is the jama-talashi memo with regard to the search of Avtar Singh accused which was attested by the witnesses and was signed by him. No suggestion was put to PW. 2 R.S. Multani or to PW. 4 Gurdev Singh that petitioner Avtar Singh was in jail. Rather the entire argument built, fall on ground as on 29-8-1985, an application was moved by PW. 2 R.S. Multani in the Court of Chief Judicial Magistrate, Amritsar. The application is part of the record. In the application, it has been specifically stated that Avtar Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, has not been examined. 13. Both the arguments are liable to be rejected. This Court is conscious of the fact that in 1985 recovery of Rs. 13,56,000/- was effected by the BSF officials. Devi Dutt was one of the members of BSF party in whose presence recovery was effected. In 1985 such a huge amount could not be planted upon Harvinder Singh. Harvinder Singh has no explanation as to why he was roaming near the border with such a huge amount. Non-examination of R.L. Handa also is not fatal to the prosecution as the Criminal Courts do not insist for quantity of evidence but quality of evidence. Testimony of Devi Duft is held to be reliable by two Courts below. 14. Hence, the present petition is dismissed. 15. Counsel for the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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