M.S.RAMACHANDRA RAO, J. - (1.) CRL .A.No.1203 of 2005 is filed questioning the judgment dt.28.06.2005 in Crl.A.293 of 2003 reversing the judgment dt.07.07.2003 in C.C.No.8 of 2000 of the Special Judge for Economic Offences, City Criminal Courts, at Hyderabad and acquitting respondent Nos.1 and 2/Accused Nos.4 and 5 in the above C.C. of offences punishable under Sections 135 (1) (b) (i) and 135 (1) (b (ii) of the Customs Act, 1962 and Section 13(2) read with Section 71 (3) of the Foreign Exchange Regulation Act, 1973 (for short 'FERA').
(2.) CRL .A.No.1204 of 2005 is filed questioning the judgment dt.28.06.2005 in Crl.A.No.298 of 2003 of the Metropolitan Sessions Judge, City Criminal Courts, Hyderabad reversing the judgment dt.07.07.2003 in C.C.No.8 of 2000 of the Special Judge for Economic Offences, at Hyderabad, and acquitting respondents therein/Accused No.s 1 to 3 of offences punishable under Section 135 (1) (b) (i) of the Customs Act, 1962.
(3.) THE appellant in both appeals is the Deputy Commissioner, (Legal) Customs and Central Excise, Hyderabad -II, Commissionerate, Hyderabad. The brief history of the case is as under : - On specific intelligence that a Dubai based person was sending 30 kgs of gold through A.1 to A.3 who were traveling by Indian Airlines Flight No.IC.592 from Sharjah to Hyderabad, and that arrangements were made to pay the foreign currency towards duty payable for clearance of the said gold through A.4 and A.5 ( who were officers of the State Bank of India manning the Departure and Arrival Lounges at Hyderabad Airport) on 29.08.1997, the Officers of Directorate of Revenue Intelligence, Hyderabad, had conducted simultaneous searches at the SBI Branches at Departure and Arrival lounges of Hyderabad Airport arrival hall on arrival of IC 592 from Sharjah. They seized from A.4, US $ 12,530 which was wrapped in a newspaper inside the cubicle counters of the office drawer.;