1979 (3) TMI 67 - HC - Customs

Summary

Issues:
Conviction based on sole testimony of detective officer, Voluntariness of confession statement, Examination of mahazar witnesses, Retraction of confession statement

Analysis:

Issue 1: Conviction based on sole testimony of detective officer
The revision petitioner was convicted based on the testimony of P.W. 1, a detective officer. The defense argued that a conviction cannot solely rely on the testimony of a detective officer. Discrepancies were noted between the complaint filed and P.W. 1's testimony regarding the seizure of contraband goods. The defense highlighted the absence of examination of the witnesses who attested the seizure documents. The court emphasized the importance of presenting the best evidence, suggesting that the prosecution should have examined the mahazar witnesses to strengthen the case. The defense witnesses also raised doubts about the timing and location of the seizure of goods, further challenging the reliability of P.W. 1's testimony.

Issue 2: Voluntariness of confession statement
The revision petitioner's confession statement, Ex. P-5, was a crucial piece of evidence. However, the defense contended that the confession was not voluntary and was made under duress and coercion. The court noted that the confession was retracted and analyzed the circumstances surrounding its recording. The revision petitioner was arrested on 31-8-1976, and the confession was obtained two days later. The court questioned whether there was any inducement, threat, or promise from P.W. 1 during this period. The defense's suggestions of coercion were not adequately considered, leading the court to exclude the confession statement from consideration. It was also highlighted that the co-accused, A-2, had been acquitted, further weakening the case against the revision petitioner.

Issue 3: Examination of mahazar witnesses
The court pointed out the absence of examination of the mahazar witnesses who attested the seizure documents, Exs. P-1 and P-2. It was deemed necessary to present these witnesses to strengthen the prosecution's case and ensure the reliability of the seizure evidence. The court emphasized the importance of providing the best evidence possible to avoid any doubts regarding the authenticity of the seizure process.

Issue 4: Retraction of confession statement
Considering the circumstances surrounding the revision petitioner's confession statement and the lack of clarity regarding its voluntariness, the court ultimately concluded that the conviction of the revision petitioner was not sustainable. As a result, the court allowed the revision, set aside the conviction and sentence, and acquitted the revision petitioner based on the insufficiency of evidence and doubts raised regarding the voluntariness of the confession statement.