Criminal Revision No.1264 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1264 of 2001 Date of Decision 08.12.2010 Gurnam Singh and another ...... Petitioners VERSUS The Asstt. Collector, Customs, Ministry of Finance, Department of Revenue, Amritsar. ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: None for the petitioners. Mr.H.P.S.Ghuman, Advocate, for the respondent. ***** A.N.JINDAL, J: This petition has arisen out of the judgment dated 12.07.2001, passed by the First Appellate Court at Amritsar, dismissing the appeal against the judgment dated 28.02.1996, passed by the Chief Judicial Magistrate, Amritsar, convicting and sentencing the petitioners-accused (herein referred as 'the petitioners') to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- each under Section 135 of the Customs Act, 1962 (for brevity 'the Act'). However, in appeal, the sentence was reduced to six months. Factual matrix of the case is that on 01.09.1990 at about 6:30 p.m. when G.K.Verma, Inspector Customs, was on duty at Raja Sansi Airport, Amritsar, the accused alighted from Ariana Afghan airlines flight No.FG-306, which had come from Kabul. After health and immigration formalities, when the petitioners appeared before Inspector G.K.Verma, for Criminal Revision No.1264 of 2001 2 custom clearance, he was suspected for keeping in his possession some incriminating articles. Thereafter, the matter was brought to the notice of Superintendent Incharge, who on search in the presence of two witnesses, found them in possession of two gold biscuits each. Since the petitioners had these biscuits in their rectum, therefore, they had themselves disclosed about the same and handed over the said biscuits to the Investigating Officer. The petitioners could not show any valid document for keeping the same in their lawful possession. The biscuits were turned into parcels and were taken into possession vide different memos. Ultimately, on completion of investigation, a complaint was filed against them. In pre-charge evidence, the prosecution, examined N.S.Walia, Superintendent Custom and Inspector G.K.Verma, consequently, charge under Section 135 of the Act was framed to which they pleaded not guilty and opted to contest. The prosecution led sufficient evidence in order to prove the charges. When examined under Section 313 Cr.P.C., the petitioners denied all the allegations. Petitioner Karamjit Singh further explained that neither anything was recovered from him nor he made any voluntary statement. The trial resulted into conviction. The appeal, preferred by them was also dismissed with certain modifications. Both N.S.Walia, Superintendent Custom (PW1) and Inspector G.K.Verma (PW2) have consistently reiterated the prosecution version and proved the recovery of two gold biscuits each from both the petitioners. Recovery memos Ex.PA and Ex.PC stand duly proved. Both the witnesses Criminal Revision No.1264 of 2001 3 have withstood the test of cross-examination. Such heavy recovery of this yellow mattel could not be procured and foisted upon the petitioners by the witnesses from their own sources. No animus, enmity or ill-will has been suggested to these witnesses for implicating the petitioners in the false case. No plausible defence has been led. No such document has been produced on record by the petitioners in order to prove their legal possession of the said gold biscuits. Both the Courts below have returned a concurrent findings of fact regarding the guilt of the accused. Re- appreciation of evidence is not permissible at this revisional stage. Resultantly, this revision petition, being devoid of any merit, is dismissed. (A.N.Jindal) Judge 08.12.2010 mamta-II