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2015 (7) TMI 419 - DELHI HIGH COURT

2015 (7) TMI 419 - DELHI HIGH COURT - TMI - Imprisonment for non payment of dues - carrying smuggled gold - offences punishable under Sections 132 and 135(1)(a) of the Customs Act, 1962 - Held that:- It is a settled law that the confessional statement made by an accused under Section 108 of the Customs Act is admissible in evidence for prosecution under section 135 of the Customs Act. Though, it was the case of the petitioner that he had retracted his confessional statement, but he failed to sho .....

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acts. This Court is of the considered opinion that the present case is not a fit case where the revisional jurisdiction is required to be exercised on the concurrent finding of facts recorded by the Courts below.

This Court does not find any procedural irregularity, overlooking of material evidence, misreading of the same or miscarriage of justice. There is no jurisdictional error in the judgments passed by the Courts below. Neither there is any failure to exercise the jurisdiction or .....

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oncerned to serve the sentence of imprisonment. - Crl. Rev. P. No.661/2007 - Dated:- 30-6-2015 - P. S. Teji, J. For the Appellant : None For the Respondent : Mr Satish Aggarwal and Ms Pooja Bhaskar, Advs. JUDGMENT P. S. Teji,J. 1. Aggrieved by the judgment of conviction dated 27.02.2002 and order on sentence dated 02.03.2002 passed by the learned Additional Chief Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of six months and fine .....

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.10.2007, the present revision petition has been filed by the petitioner. 2. Factual matrix, as emerges from the record, is that the Customs filed a complaint against the petitioner/accused for offences punishable under Sections 132 and 135(1)(a) of the Customs Act, 1962. It was alleged that on the basis of an information, in the early hours of 23.01.1995, the petitioner was intercepted near the pre-paid taxi counter, outside the arrival hall of IGI Airport. The petitioner had arrived from Dubai .....

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scuits of ten tolas each. From the checking of his baggage, three rectangular plates of gold were found concealed in the emergency light; three gold plates were found in the battery of lamp-cum-fan; six handles of gold were found from the lunch boxes; he was found having goods valued at ₹ 67,190/- which were in excess of free allowance. A goldsmith was called who certified that the gold recovered was of 24 carat purity, collectively weighing 1370 grams valued at ₹ 6,43,900/-. It was .....

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135(1)(a) of the Customs Act were framed against the petitioner. The petitioner pleaded not guilty to the charges framed. 4. To prove its case, prosecution examined two witnesses. After conclusion of prosecution evidence, the statement of the petitioner was recorded under Section 313 Cr.P.C. in which he had claimed innocence. The petitioner opted to lead defence evidence, but he did not adduce any defence evidence. The learned Additional Chief Metropolitan Magistrate vide judgment dated 27.02.2 .....

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ition to set aside the judgments rendered by the Courts below and claiming acquittal. 7. During the course of arguments, nobody appeared on behalf of the petitioner to advance arguments, but the written synopsis on behalf of the petitioner had already been filed. 8. In the written synopsis filed on behalf of the petitioner, it is mentioned that the compounding application of the petitioner filed before the Chief Commissioner of Customs has not been decided due to which contempt of Court proceedi .....

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ya were dropped vide order dated 09.04.2013 by this Court. 10. Perusal of record shows that the witness PW1 Sh. Santosh Kumar, Inspector, Preventive, Customs had proved the complaint filed by him as Ex.PW1/A; the said complaint was filed on the basis of sanction and authorization Ex.PW1/B accorded by Sh. M.M.S. Sawhney, Collector, Customs, Delhi; on the basis of information he along with other officers of Customs Preventive department and two independent witnesses intercepted the petitioner in t .....

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out 15 minutes, petitioner eased out one rectangular shaped object wrapped with black tape; on examination, it was found to contain 2 gold biscuits of 10 tolas each; 400 US dollars were recovered from his personal search; on examination 3 plates of gold were found concealed in the emergency light; 3 plates of gold were found concealed in the battery of lamp-cum-fan; on examination three lunch boxes were found to be fitted with two handles on two sides which were made of gold and polished with wh .....

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was signed by him, petitioner and witnesses; he proved the documents as Ex.PW1/D1 to D7, purity certificate as Ex.PW1/E; purity certificate with regard to gold wires as Ex.PW1/F; petitioner was arrested vide memo Ex.PW1/G; witness duly identified the case property in the Court. 11. During cross examination, PW1 stated that the specific information was by name; the panch witnesses were not from the department; he had not cited them as witnesses in any other case; he denied that the panch witness .....

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his another statement Ex.PW2/B; he issued summons Ex.PW2/C on 23.01.1995 to the petitioner; on 21.02.1995, he issued summons Ex.PW2/D to Sh. Ganda Ram in pursuance of which, he tendered his statement Ex.PW2/E. 13. During cross-examination, PW2 denied that the petitioner was forced to make some involuntary statement and also to sign on certain already written papers. 14. There is enough evidence on record that the smuggled gold was recovered from the person as well as possession of the petitione .....

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108 of the Customs Act is admissible in evidence for prosecution under section 135 of the Customs Act. Though, it was the case of the petitioner that he had retracted his confessional statement, but he failed to show that the same was recorded under any inducement or promise or threat or the same was tutored one. It has been shown from the record that the petitioner made the statement voluntarily and the same is admissible in evidence. 16. I have gone through the ratio of judgment in case of Ra .....

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