9911796707
TMI Blog1988 (7) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... and they are not represented today by anyone. We find from the records that the above appeals, which came up for hearing on 19-7-1988, were specifically adjourned to this day at he request of the learned counsel Shri Abdul Mallick. The appeals were passed over in the morning and taken up at the end of the forenone session at about 2.00 P.M. and yet none turned up and, therefore, Customs Appeals No. 643 and 661/87 are dismissed for default in terms of Rule 20 of the CEQAT procedure) Rules, 1982. A. NO. C/3i2/8S MAS.: - This appeal has been filed against imposition of a penalty of Rs. 25,000 on appellant Maricayar @ Pallack under the said impugned order. 2. On thebasis of prior information, the officers of the D.R.I, searched the premise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the inculpatory statement recorded from the appellant on. 6-1-1986 is not voluntary iind true and was brought about under threat and coercion and is, therefore does, not" have any evidentiary value in law. It was urged that thesame was retracted as early as on 9.1.1986 and also thereafter on 21.1.1986. It was urged that even the search on the basis of which the currency was recovered from the appellant s house was in contravention oflaw and the search being illegal the recovery is vitiated. In this connection the learned counsel placed reliance on the ratio of the ruling of the Supreme Court in A.I.R. 1968 S.C. page 59 in the case of Board of Revenue, Madras v. R.S. Jhaver, and in particular relied upon para 19 at page 67 and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eizure of the currency is not acceptable in the context of the case. It is only on the basis of precise information the authorities have searched the house of appellant, which resulted in the recovery of the large sums of money. The appellant admittedly has given: an inculpatory statement on 6-1 -1986. The same was retracted, even according to the learned counsel, only on 9-1-1986. We have gone through the statement recorded from the appellant by the authorities and on going through the same we are satisfied that the ame is voluntary and true meriting acceptance. It will be relevant to note in this context, as.rTdhtly pointed out by the learned D.R;, that the appellant admittedly did not matany complaint before the criminal court when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at rufeghas adverted t^the eariierJulings of the Supreme Court. The rulings relied upon by the learned counsel and referred to above are not relevant to the facts of the-case, .because they dealt with a different situation wtffi reference to the entertainment of reasonable belief before effecting the search. The plea oT the learned counsel that the evidence of 13 people, who were examlri ed during theadjudicatioh, has not been properly considered is also not acceptable, because in the^iifipygned order due cbnsiqeration has been given by fhe.adjudicating authority to every aspect of the matter. We also do not find any substance in the submission of the learned counsel that there are serious discrepancies in the evidence or that the entries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... write full address of the said person from Singapore by letter. He has further informed that the said Sri Nazfr had not sent any money.asprdmiged by him earlier. About the third chit in which the addresses of one AshiyaMariami (30)No.12,Big St., NAL EMBAL(Via) Karaikal and Qheush Mohammed (150) , No. .35, Kaliyar.St., Parangipet and baby Nborlahan,(30) Pattamangalam have figured, he had deposed that the saidthree addresses have been writtenby him andthat the three persons were to be given anamount of Rs. 30,000 Rs. 1,50,000/- and Rs. 30.000/- respectively as had already been directed by the said Nazir of Singapore." Therefore, on carefiri consideration of the above, we are-inclined to think that the charge against the appellant has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
