2011 (2) TMI 177

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....itsar, whereby, the petitioner was convicted under Section 135 of the Customs Act and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5000/- with default stipulation.   2. On March 5th, 1989 one Satnam Singh alias Bitta was apprehended at Delhi by the officials of the Custom Department having in his possession 199 gold biscuits. On his information, a raid was conducted at the house of Charanjit Singh-petitioner situated in Basant Avenue, Amritsar on March 6th, 1989 by Ranjit Singh, Assistant Director, Directorate of Revenue Intelligence (for short 'the 'DRI'), Amritsar along with Kapil Sood (PW-1), Kewal Krishan (PW-2)-Intelligence Officers of DRI, G.S. Bal, Bhuta Singh, Chuni Lal officia....

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..... In his examination recorded under Section 313 of the Code of Criminal Procedure, the petitioner denied the allegations and pleaded that he was falsely implicated. 6. In this case, the recovery of the amount and the gold biscuits weighing 11,600 gms was effected in the presence of Ranjit Singh, Kapil Sood (PW-1), Kewal Krishan (PW-2) besides other officials of the Custom Department and two independent witnesses Vinod Kumar and Gian Singh. Kapil Soood (PW-1) and Kewal Krishan (PW-2) have spoken in one voice that the amount of Rs.1,01,300/- and 100 gold biscuits having foreign mark weighing 11,600 gms were recovered from the house of the petitioner. They have also proved Panchnama (Exhibit PA), chit recovered from the possession of the pe....