Standard of test applied before recording any findings regarding guilty is not exactly to be applied at the stage of deciding the matter under sec 227 and 228 of the code

Court :
HIGH COURT OF DELHI

Brief :
The brief facts necessitating the present revision petition are that acting on intelligence that large quantity of ball bearing were being smuggled from Nepal into Delhi, the DRI kept surveillance in and around Delhi. On 04.08.1992, the DRI intercepted a truck in Delhi containing empty glass bottles and brought the same to the DRI office where it was rummaged in the presence of two independent witnesses. The panchnama was prepared in the presence of witnesses. The driver of the truck, Shri Ghama Prasad along with its two other occupants namely Shri Ram Kishan and Shri Rakesh Kumar Jairath were apprehended. Rummaging of the truck resulted in the recovery of 195 packages of ball bearing of foreign origin cleverly concealed under 590 packages of empty glass bottles. The contraband ball bearing was seized by the DRI. One Shri Arun Kumar Juneja, who clandestinely approached the truck being unloaded in the DRI premises and tried to flee thereafter, was called for enquiry. Shri Arun Kumar Juneja in his voluntary statement under section 108 Customs Act, stated that he had come to the DRI premises at the instance of one Sarabjeet Singh @ Raja in search of the contraband ball bearing which were smuggled into India. Accordingly he reached the DRI premises and confirming the presence of the said truck there he tried to flee unnoticed but was stopped by the DRI officers for enquiry. The statements of all the above were recorded by the DRI under section 108 of the Customs Act. They revealed the role played by each of the Respondents herein. Thereafter sanction for prosecution under section 135 Customs Act was granted by the Collector of Customs for the prosecution of the Respondents and one Shri Shyam Singh on 25.09.1992

Citation :
DIRECTORATE OF REVENUE INTELLIGENCE …… PETITIONER Through: Mr.Satish Aggarwala, Advocate with Mr.Sushil, Advocate.Versus ARUN KUMAR JUNEJA & ORS. …… RESPONDENTS Through: Ms.Sonam Nagrath, Advocate.