1968 (10) TMI 50 - SC - Customs

Admissibility of evidence before the trial was completed - Held that - Any statement made under Sections 107 and 108 of the Customs Act by a person against whom an enquiry is made by a Customs Officer is not a statement made by a person accused of an offence. At various stages of argument counsel asked us to make several assumptions on matters of evidence which were not before this Court. In some cases the statements made by the accused before the Customs Officer were tendered in evidence and were objected to; in other cases even before the statements were tendered in evidence, objections were raised. We may also observe that we are not concerned in these appeals to decide whether the statements relied upon were obtained from persons charged with infraction of the provisions of the Customs Act by officers having authority over them, by inducement, threat or promise having reference to the inquiry made against them. These questions, if raised, have to be decided at the trial of the appellants. The appeals fail and are dismissed.

Issues Involved:
1. Admissibility of statements recorded by Customs Officers under Section 171A of the Sea Customs Act, 1878.
2. Whether a Customs Officer is considered a "police officer" under Section 25 of the Indian Evidence Act, 1872.
3. Whether statements made before Customs Officers are inadmissible under Article 20(3) of the Constitution.

Issue-wise Detailed Analysis:

1. Admissibility of Statements Recorded by Customs Officers:
The complainant tendered confessional statements as evidence, recorded under Section 171A of the Sea Customs Act, 1878. The defense argued these statements were inadmissible. The court held that the admissibility of such statements should be judged under the Indian Evidence Act, 1872, and Article 20(3) of the Constitution. Despite the repeal of the Sea Customs Act, the admissibility of statements made under it remains subject to the taint, if any, attached when the statement was made. Therefore, the first contention failed.

2. Whether a Customs Officer is a "Police Officer":
Section 25 of the Indian Evidence Act, 1872, states that confessions made to a police officer are inadmissible. The court clarified that a Customs Officer is not a police officer within the meaning of Section 25. The duties of a Customs Officer are focused on the collection of customs duties and prevention of smuggling, not on maintaining law and order. The court cited previous judgments, including The State of Punjab v. Barkat Ram and Badku Joti Savant v. State of Mysore, to support this view. The court concluded that the powers of a Customs Officer, although extensive, do not equate to those of a police officer, particularly the power to submit a report under Section 173 of the Code of Criminal Procedure.

3. Statements and Article 20(3) of the Constitution:
Article 20(3) of the Constitution protects individuals from being compelled to be witnesses against themselves. The court held that the protection under Article 20(3) applies only when a person stands in the character of an accused at the time of making the statement. In the context of customs inquiries, individuals are not formally accused of an offense merely because they are being investigated. The court referred to multiple precedents, including The State of Bombay v. Kathi Kalu Oghad and M.P. Sharma v. Satish Chandra, to emphasize that a formal accusation is necessary for Article 20(3) to apply. Therefore, statements made during customs inquiries do not violate Article 20(3).

Specific Cases:

Criminal Appeal No. 45 of 1968:
The Customs authorities seized watches and recorded statements from the accused. The court dismissed the appeal, affirming that statements made to Customs Officers are admissible.

Criminal Appeal No. 46 of 1968:
The accused was found with 540 watches and made a statement before a Customs Officer. The court upheld the admissibility of the statements, rejecting the contention that they were inadmissible under Section 25 of the Evidence Act or Article 20(3) of the Constitution.

Criminal Appeal No. 47 of 1968:
The Customs officers seized gold and recorded statements from the accused. The court reiterated its stance on the admissibility of such statements, dismissing the appeal.

Conclusion:
The Supreme Court concluded that statements made before Customs Officers are admissible in evidence and do not fall under the exclusionary rule of Section 25 of the Indian Evidence Act or the protection of Article 20(3) of the Constitution. The appeals were dismissed.

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