(A.P.), 2022 (1 )BLJ(SC )101 , 2022 CriLJ1041 , 2021 (4 )Crimes418 (SC ), 2021 (378 )ELT564 (S.C. ), 2021 INSC 697 , 2021 (4 )RCR(Criminal)686 , (2022 )14 SCC392 , [2021 ]10 SCR91 , ,MANU/SC/1021/2021
D.Y. Chandrachud#Vikram Nath#B.V. Nagarathna#313SC4520Judgment/OrderALT (Criminal)#BLJ#CriLJ#Crimes#ELT#INSC#MANU#RCR (Criminal)#SCC#SCRVikram Nath,SUPREME COURT OF INDIAAbscond#Absconding#Absconding of Accused#Additional Evidence#Appeal Against Conviction#Common Intention#Confession#Confession of Co-accused#Culpability#Evidentiary Value#Extradition#Forged Document#Imprisonment for Life#Joint Trial#Judicial Proceeding#Natural Justice#Offence Punishable with Death#Proved Confession#Punishable with Death#Reasonable Doubt#Rigorous Imprisonment#Separate Trial#Speedy Trial2021-11-122869,22866,22865,22721,16498,16717,16636,16744,16722,16719,16720,16723,15612,16125,15817,15747,15748,15578,15608,86761,16816,16841 -->
MANU/SC/1021/2021
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1306 of 2021 (Arising out of Special Leave Petition (Crl.) No. 374 of 2020), Criminal Appeal Nos. 1307-1308 of 2021 (Arising out of Special Leave Petition (Crl.) Nos. 372-373 of 2020) and Criminal Appeal Nos. 1309-1310 of 2021 (Arising out of Special Leave Petition (Crl). Nos. 833-834 of 2020)
Decided On: 29.10.2021
Appellants: A.T. Mydeen and Ors. Vs. Respondent: The Assistant Commissioner, Customs Department and Ors.
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, Vikram Nath and B.V. Nagarathna JUDGMENT
Vikram Nath, J.
1. Leave granted.
2. Present set of appeals assail the correctness of the judgment and order dated 19.10.2019 passed by the learned Single Judge of the Madras High Court, Madurai Bench in Criminal Appeal Nos. (MD) 58 and 59 of 2009, titled as The Assistant Commissioner, Customs Department, Tuticorin v. A. Dhanapal and four others as Respondents in Crl.A.(MD) No. 58 of 2009 and K.M.A. Alexander as sole Respondent in Crl.A. (MD) No. 59 of 2009.
3. Trial Court vide separate judgments and orders dated 23.05.2008 passed in C.C. No. 2 of 2003 and C.C. No. 4 of 2004 Under Sections 132, 135(1)(a)(ii) read with 135A of the Customs Act 1962, had acquitted all the six Accused. However, the High Court, vide impugned judgment, proceeded to record conviction of all the six Accused and awarded sentence to undergo imprisonment of one year and fine of Rs. 50,000/- each and in default to undergo further six months rigorous imprisonment. It accordingly allowed both the appeals.
4. Anti-Smuggling Wing of the Customs department at Tuticorin, raided a warehouse situated at Door No. III, Etayapuram Road, Tuticorin town on 10.03.1998 upon receipt of some specific information. In the raid, large quantities of cardboard boxes were recovered. Three persons were also present there, who identified themselves as Rahman Sait alias Nathan, Selvaraj and Sullan. Upon questioning, Nathan admitted that 419 cardboard boxes contained sandalwood billet/sticks and 57 cardboard boxes contained Mangalore tiles. All the above cardboar........