BOOTA SINGH MOTA SINGH Vs. STATE

JUDGEMENT

(1.) BOOTA Singh petitioner was convicted under Section 167 (read with item 81 of it? Schedule) of the Sea Customs Act, 1878, and sentenced to undergo rigorous imprisonment for ; term of two years by Shri Gurnam Singh, Magistrate 1st Class, Ludhiana, on the 2nd February 1960. He felt aggrieved against that order am filed an appeal in the Court of Session. The learn ed Additional Sessions Judge, Ludhiana, maintain ed the conviction of the petitioner but reduced hi; sentence to nine months' rigorous imprisonment vide his order dated the 23rd February, 1960. He has now come up in revision to this Court.

(2.) THE story for the prosecution briefly runs as under : On receipt of information that a certain person was in possession of smuggled gold and would come to bazar Sarafan to sell it, Shri N. S. Bedi, Deputy Superintendent Intelligence Customs at Ludhiana, on the 13th March, 1957, at about 6 P. M. , came to that bazar and secured the petitioner who was at that time going in the bazar carrying the Jhola, Exhibit P-l. After securing the petitioner Shri Bedi called Sukh Dial, Girdhari Lal and Charan Das P. Ws. who are shopkeepers of the locality, and opened the Jhola, Exhibit P-l, in their presence, and from the Bansani, Exhibit P-2, in it, recovered 30 gold bars, Exhibits P-3/1-30, bearing marks "999 and 10". The petitioner could not give any explanation as to how he came into possession of that contraband gold. The gold was taken into possession and the petitioner along with the above mentioned P. Ws, was then taken to the Customs Office in Model Town, Ludhiana, and on the basis of this recovery a complaint, Exhibit P. C. against the petitioner was lodged by the Assistant Collector. Departmental proceedings were also taken against him.

(3.) THE petitioner denied the allegations against him and staled that he was married in village Sursingh in District Amritsar and had come to Ludhiana to see his friend Darshan Singh, a Foot-constable in the Railway police. Darshan Singh, however, was on duty and he came to the city to have a round. When he reached Chowk Sarafan, two persons ran away throwing a bag on the ground. Shri Bedi, who was pursuing the two persons said to have thrown away the bag, caught the petitioner on suspicion. Shri Bedi enquired from him regarding the persons who had run away, but the petitioner told him that he did not know their names, and denied having anything to do with the Jhola, Exhibit P-I, from where the gold in question is alleged to have been recovered. In support of this plea he examined two witnesses in defence, namely Amar Chand and Darshan Singh Foot-constable.