JUDGEMENT
-
(1.)The present revision petition is against the order of the LD
ACMM discharging the Respondents herein under section 245 CrPC.
(2.)The brief facts necessitating the present revision petition are that
acting on intelligence that large quantity of ball bearing were being
smuggled from Nepal into Delhi, the DRI kept surveillance in and
around Delhi. On 04.08.1992, the DRI intercepted a truck in Delhi
containing empty glass bottles and brought the same to the DRI office
where it was rummaged in the presence of two independent witnesses.
The panchnama was prepared in the presence of witnesses. The driver of
the truck, Shri Ghama Prasad along with its two other occupants namely
Shri Ram Kishan and Shri Rakesh Kumar Jairath were apprehended.
Rummaging of the truck resulted in the recovery of 195 packages of ball
bearing of foreign origin cleverly concealed under 590 packages of
empty glass bottles. The contraband ball bearing was seized by the DRI.
One Shri Arun Kumar Juneja, who clandestinely approached the truck
being unloaded in the DRI premises and tried to flee thereafter, was
called for enquiry. Shri Arun Kumar Juneja in his voluntary statement
under section 108 Customs Act, stated that he had come to the DRI
premises at the instance of one Sarabjeet Singh @ Raja in search of the
contraband ball bearing which were smuggled into India. Accordingly
he reached the DRI premises and confirming the presence of the said
truck there he tried to flee unnoticed but was stopped by the DRI
officers for enquiry. The statements of all the above were recorded by
the DRI under section 108 of the Customs Act. They revealed the role
played by each of the Respondents herein. Thereafter sanction for
prosecution under section 135 Customs Act was granted by the
Collector of Customs for the prosecution of the Respondents and one
Shri Shyam Singh on 25.09.1992.
(3.)The LD ACMM vide order on charge dated 04.08.2010
discharged the Respondents under section 245 CrPC due to lack of
sufficient evidence to proceed with the trial and irregularity in the
sanction order. The present revision petition under section 397 r/w 401
of the CrPC assails the order of the Ld ACMM discharging the
Respondents herein.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.