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TMI Blog2016 (9) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... to undergo Rigorous Imprisonment of 20 years and also to pay a fine of Rs. 2 lakh and in default of payment of fine, to further undergo Rigorous Imprisonment for three years. The appeal preferred by the appellant against the said judgment has been dismissed by the High Court vide judgment dated 30.08.2005 maintaining the sentence as well as fine. As per the case of the prosecution, the appellant is a Customs House Clearing Agent (CHA) for which he was having a valid license. A Transit Certificate (TC) was received by the Customs Authorities at Land Customs Station, Attari on 07.01.1999. The appellant collected a copy of the said TC on the same day. Thereafter, on 14.01.999, he contacted the Customs Authorities stating that he would like to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the formalities, the appellant was arrested. After the investigation, challan was filed and the appellant was chargesheeted for committing offences under Sections 22 and 23 of the Act. The prosecution examined as many as five witnesses viz., R.K. Agnihotri, Inspector Customs(PW-1), RL Meena(PW-2), Shruti Kant Mahajan, Inspector Customs(PW-3), Kulwant Singh, Superintendent Customs (PW-4) and P. S. Vist, Superintendent Customs, Ludhiana (PW-5). On the basis of their testimony and evidence produced on record, the Additional Sessions cum-Special Judge, Amritsar, convicted the appellant against the aforesaid Sections as pointed out earlier. Before the High Court, the main contention advanced by the appellant was that he was not responsible fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the appellant in the manner mentioned above, further discussion about his conduct goes somewhat like this: "There was no need for the appellant to come on 15.01.1999 at 10.30 a.m. to the Customs Authorities regarding goods as already on 14.01.1999, he had returned the T.C. In fact, he came on 15.1.1999 to enquire into the matter and see as to whether Customs Authorities were suspecting him or not. Search of consignment was conducted in front of the appellant on 15.1.1999. Thereafter, the Customs Authorities asked the appellant to go, but he did not do so, as he was afraid that some other Govt. agency may arrest him when he left the Customs House. Statement of PW-3 Shruti Kant Mahajan is corroborated by PW-4 Kulwant Singh and PW-5 P.S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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