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TMI Blog1994 (9) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Harjinder Singh appeared for the appellants and the learned Junior Departmental Representative, Shri B.B. Sarkar for the respondent Collector. 3. Shri Harjinder Singh placed on record a photostat copy of the Death Certificate of Shri Kuldip Singh and certain other documents to show that he was murdered. In the circumstances, the appeal of Shri K. Singh in Appeal No. C-63/92 abates. 4. Accordingly, we heard the learned Advocate, Shri Singh for the appellant, Shri Trilochan Singh. This case arises out of a seizure made on 28/29-11-1990 on the basis of prior information by intercepting the Vehicle No. DL-IL-3571 at Deoha Bridge near Pilibhit. When the vehicle was intercepted one Shri Ram Singh was found driving the vehicle and there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The learned Advocate, Shri Harjinder Singh contended before us that the only evidence available against the appellant is the statement of the co-accused. He also pointed out that there are inherent contradictions in the statements of these two people and therefore, relying on those statements of the two people in question, the appellant, Shri Trilochan Singh should not be held guilty. He also pointed out that in the Adjudication Order the learned Collector had taken into account an Insurance Certificate of the Vehicle in question, which was lying in the truck, wherein the name of Trilochan Singh was mentioned. He also pointed out that this document was not relied upon in the show cause notice. Therefore, the appellant had no opportunit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is actual name was Satyendra Pal Singh and he told a false name as instructed by Shri Trilochan Singh. He has, therefore, contended that the statements of the two co-accused in this case, were corroborated by the seizure of the gold in question and it was further corroborated by the Insurance document which was found in the seized truck itself. Therefore, these facts are sufficient to prove that Shri Trilochan Singh is the person involved in the smuggling of these foreign gold into India. He, therefore, justified the order of the Adjudicating Authority. 8. We have considered the submissions of both sides carefully. It is now seen that the evidence of the co-accused should be corroborated in material particulars before finding the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Singh himself had admitted that the Registration Certificate of the Vehicle was in the name of Kulvinder Singh (later admitted as Satyendra Pal Singh). But the statement of Satyendra Pal Singh (Kulvinder Singh) is to the effect that the amount was financed partly by Shri Trilochan Singh and a loan was taken from Allahabad Bank and Shri Trilochan Singh stood as surety for him in receiving the loan. But no enquiry is conducted in this case to find out whether the appellant, Shri Trilochan Singh had stood as a surety for Satyendra Pal Singh (Kulvinder Singh) for obtaining that loan. If an enquiry was conducted in that matter and if this statement were found to be true then that would have been a corroborating evidence in this case. But no s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endent source. 12. The only corroboration which is spelt out in the Order is that an Insurance Certificate was seized from the truck in question and the same stood in the name of Trilochan Singh. But in the show cause notice the Department has relied upon five documents which are the statements of the co-accused and some other documents. No mention is made about this Insurance Policy in the show cause notice. Therefore, the appellant, Shri Trilochan Singh was not given notice that this document was going to be relied upon against the appellant. He had no effective opportunity of contradicting this document in this case. In the absence of giving such an opportunity, the same should not have been relied upon against him. If this document is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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