AIR CUSTOMS vs RAM CHANDER

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 28th May, 2025 + CRL.A. 192/2012 AIR CUSTOMS IGI Airport, New Delhi .....Petitioner Through: Mr. Satish Aggarwala, Sr. Standing Counsel. Versus RAM CHANDER S/o Shri Sultan Singh R/o FRRO Lane, Safdarjung Barrack, New Delhi ....Respondent Through: Mr. S.K. Srivastava, Ms. Shubhi Srivastava, Mr. Prince Kumar & Ms. Garima Singh, Advocates. . CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. An Appeal under Section 378(iv) of the Cr.P.C has been filed by the Appellant/ AIR Customs against the Judgment dated 11.07.2006 of learned ACMM, Delhi, vide which the Respondent has been acquitted for the offence under Section 135(1) (a) of Customs Act. 2. The case of the Prosecution is that 24 gold biscuits were recovered from the Arrival Immigration Hall of IGI Airport on 20.01.1994. These gold biscuits were found lying below the wash-basin in the toilet for Signature Not Verified Digitally Signed CRL.A.192/2012 Page 1 of 16 By:VIKAS ARORA Signing Date:28.05.2025 18:15:09 handicapped and were wrapped in brown plastic adhesive tapes. The Officers, acting on specific information reached the spot and the Respondent, who was posted as Constable, Delhi Police, was found standing there. On seeing the Officers, as he tried to flee and hit into Mr. Duli Chand, Customs Head Constable. The Respondent was over powered by the Officers of the Petitioner Department. 3. The gold biscuits were found to bear Swiss markings and weighed 2.819 Kgs. The search of the person of the Respondent resulted in recovery of a cloth belt which had been tied to his waist under his trousers. The belt had a pocket stitched to it, which was intended to be used for concealing the gold biscuits. The incriminating article