1991 (12) TMI 67 - HC - Customs

Summary

Issues Involved:
1. Acquittal under Section 135(l)(a) and Section 135(l)(b) read with Section 135(l)(i) of the Customs Act and Section 5 of the Imports and Exports (Control) Act.
2. Trustworthiness of key prosecution witnesses.
3. Inconsistencies in the evidence.
4. Retraction of statements by the accused.
5. Failure to prove the sanction under Section 137(1) of the Customs Act.
6. Maintainability of the prosecution without proper sanction.

Detailed Analysis:

1. Acquittal under Section 135(l)(a) and Section 135(l)(b) read with Section 135(l)(i) of the Customs Act and Section 5 of the Imports and Exports (Control) Act:
The trial court acquitted the respondents under these sections, citing a lack of credible evidence. The prosecution failed to prove beyond a reasonable doubt that the accused were guilty of the offenses charged.

2. Trustworthiness of key prosecution witnesses:
The trial court found that the main witnesses, P.W. 1 Arun Kohak and P.W. 4 Moham Debrai, were not trustworthy. There were significant inconsistencies in their statements, and they contradicted each other on major aspects of the incident. The court noted that the relationship between the witnesses and accused No. 2 was strained due to a prior incident involving a complaint by a lady police officer, which could have influenced their testimonies.

3. Inconsistencies in the evidence:
The trial court identified numerous inconsistencies in the evidence presented by the prosecution. The panch witness also made inconsistent statements, which did not align with the depositions of other prosecution witnesses. The court concluded that the prosecution's evidence was not reliable.

4. Retraction of statements by the accused:
Accused No. 1 retracted his statement given under Section 108 of the Customs Act, claiming it was made under threat of assault. He later stated that accused No. 2 was unaware of the contents of the briefcase. The trial court found this retraction credible and noted that the initial statement was not trustworthy.

5. Failure to prove the sanction under Section 137(1) of the Customs Act:
The trial court held that the prosecution failed to prove the necessary sanction for prosecution under Section 137(1) of the Customs Act. The complaint was accompanied only by a true copy of the sanction, and none of the prosecution witnesses referred to the original sanction order. This failure was deemed fatal to the prosecution's case.

6. Maintainability of the prosecution without proper sanction:
The defense argued that the prosecution was not maintainable without proper sanction. The court agreed, citing the Supreme Court's decision in Mohd. Iqbal Ahmed v. State of Andhra Pradesh, which emphasized that a valid sanction is a prerequisite for prosecution. The court concluded that the prosecution's failure to produce the original sanction rendered the entire proceedings void ab initio.

Conclusion:
The High Court confirmed the trial court's decision to acquit the accused, finding no compelling reason to overturn the acquittal. The prosecution's failure to prove the sanction under Section 137(1) of the Customs Act was a critical flaw, and the inconsistencies in the evidence further weakened the case. The appeal was dismissed, and the trial court's judgment was upheld.