JUDGEMENT
A.N. Jindal, J. -
(1.)THIS petition is directed against an order dated 16 -3 -2002 passed by Additional Sessions Judge, Amritsar dismissing the appeal of the Petitioner accused (herein referred as the Petitioner) against the judgment dated 26 -8 -1997 passed by Chief Judicial Magistrate, Amritsar. However, the Appellate Court had reduced the sentence from three years to two years.
(2.)BRIEF facts of the case are that on 24 -4 -1990, the Petitioner Anisa Begum arrived from Pakistan on L.C.S Attari road. After completion of health and immigration formalities she reported for customs clearance. On being asked by the Customs Inspector she declared that her baggage consisting of three packages containing about 100 Mts. Pak made Textile, one mixer -cum -grinder, 5 Kgs. of Ghee and some other clothes. 5 Kgs. of Ghee bearing marking 'Butter Oil 5 Kgs produce of Ireland' was found to be heavier than the weight printed on it. Customs Officer got suspicious. On cutting the upper lid in the presence of the accused and independent witnesses, one automatic pistol with marking Cal 7.63 mm 30 with one spare magazine, one revolver No. 6927AA and one revolver without marking were recovered from the said tin of Ghee carried by the Petitioner No documentary evidence could be shown by her regarding the possession of the aforesaid arms. The Customs Officer seized the aforesaid arms under Section 110 of the Customs Act. In her statement dated 24 -4 -1990 the Petitioner admitted about the recovery of weapons from her baggage and further deposed that the tin of ghee containing weapons was delivered to her by one Sh. Iqbal in Pakistan and was to be delivered to Sh. Irshad or Nadeem at Delhi against remuneration of Rs. 2000/ - out of which she was paid Rs. 1000/ - in advance and remaining amount was to be paid at Delhi after delivery. Since the Petitioner had contravened the provisions or the Import Control Order No. 17/55 issued under Section 3(i) of the Import and Export Control Act read with Sections 11 and 77 of the Customs Act, 1962. Therefore, the complaint has been filed.
During pre -charge evidence, the complainant examined Sh. Y.B. Chhibber, Inspector Customs P.W. 1 and Sh. J.P. Gupta, Inspector Customs P.W. 2 and closed the evidence.
(3.)THE Petitioner was charge sheeted under Section 135 of the Customs Act and a separate case under Section 25 of the Arms Act was registered against her.
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