2011 (3) TMI 307

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.... by the Additional Sessions Judge (Adhoc) Fast Track Court, Amritsar, thereby confirming the conviction and sentence awarded to the accused - revisionist. Brief facts of the case are that the complainant, Assistant Collector (Customs), Amritsar filed this complaint against the accused/appellant on the ground that on 31.5.1989, Director Revenue Intelligence staff intercepted a car bearing No.PIM 541, at Beas, District Amritsar, alongwith three occupants namely, Sarwan Singh @ Bittu, Ajit Singh and Narinder Singh. The car was thoroughly searched but nothing was recovered from the accused. Sarwan Singh made statement on 31.5.1989 that he alongwith his elder brother Puran Singh, Ajit Singh and Narinder Singh took delivery of 204 gold biscuits ....

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....nducted by the accused. But when the complainant failed to examine any other witness despite availing numerous opportunities, therefore, learned Chief Judicial Magistrate closed aftercharge evidence of the complainant by order. After the close of evidence of the complainant, statement of the accused under Section 313 Cr.P.C. was recorded.   The trial Court found that the offence under Section 135 of the Customs Act is proved against the accused beyond reasonable doubt and convicted the accused. Consequently, the trial Court has sentenced the accused to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six m....