9911796707
TMI Blog2003 (7) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... 135(1)(a) and 135(1)(b) read with Section 135(1)(i) of the Customs Act, 1962. The prosecution case in brief is that on 16-8-1999, the vessel by name AI-Wattyah had arrived from Dubai and when the officers of the Appellant took a search of the vessel they found six stitched cloth belts each containing 100 foreign marked gold bars concealed in the carpenter's store on board. They were weighing 69.998 kgs. valued at Rs. 2,48,11,482/- International Market Value and Rs. 2,89,08,348/- Local Market Value. All 600 bars were seized under a panchnama in the presence of the witnesses. During the course of investigation it was revealed that Respondent No. 1 was employed as a Carpenter on the said vessel. His statement under Section 108 of the Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nishment of three years atleast should have been awarded and a heavy fine should have been imposed on the Respondents. The learned Counsel on behalf of the Respondents submitted that the appellants have already under gone the sentence which was imposed on them by the Trial Court and they are in custody since 1999 and as a result after having undergone the said sentence they have also undergone the sentence which was imposed on them in the event of non payment of fine and it is submitted by the Counsel on behalf of the Respondents that they were in jail during this period also as they were unable to pay fine amount. It is submitted that thereafter they are residing in the Consulate of Philippines, at New Delhi and more than five years have p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the guilt of the accused. The Respondent No. 2 has given a statement which is recorded under Section 108 of the Customs Act in which he has stated that he was working as an assistant of Respondent No. 1. The Respondent No. 1 was a carpenter was engaged by the Captain of the very same vessel. The learned Magistrate after going through the evidence of witnesses in Paragraph 25 of the judgment has considered the arguments of the defence counsel on various aspects and finally has held that the Respondents are guilty of having committed the said offence. The Trial Court accordingly in Paragraph 48 has held that the prosecution had succeeded in proving the charge against the accused. The learned Magistrate, however, has taken into consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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