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TMI Blog2002 (3) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- (Rupees two lakhs) and Rs. 1,00,000/- (Rupees one lakh) on Shri Jamal Ali Mondal, Smt. Manuara Bibi and Shri Nagendra Nath Ghosh respectively. 2. As per the facts on record BSF officers intercepted one Rabiul Sheikh on 26-10-93. It is on record that Shri Rabiul Sheikh on seeing the BSF officers, left the cycle he was riding on and started running towards Bangladesh. However, he was intercepted by the officers and the search of his person resulted in recovery of 85 pieces of gold biscuits of foreign origin wrapped by black coloured plastic papers and also by a blue coloured cloth and tied to his waist. The said Shri Rabiul Sheikh in his written statement recorded on 27-10-93 and 28-10-93 deposed that the gold biscuits in question belon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said diary. 4. During the course of investigations, the writings obtained from Manuara Bibi was sent to the Govt. Examiner of questioned documents for his opinion to match the hand-writing with that of recorded in the seized diary. The Govt. Examiner opined that the specimen writing obtained from Smt. Manuara Bibi appears to have been slowly and conciously written and as such were not suitable for the purposes of comparison. 5. Residential premises of Shri Nagendra Nath Ghosh were also put to search, but nothing contraband or incriminating was recovered therefrom 6. Based upon the above fact, the show cause notice was inter alia issued to the appellants proposing the confiscation of gold biscuits in question and imposition of pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him based upon the statement of co-accused Shri Rabiul Sheikh. Such statement of co-accused without any independent corroboration cannot be made the basis for penalising the appellant as has been held by the Tribunal in the case of Sunil Ghosh v. CC, WB reported in [2001 (47) RLT 234 (CEGAT-KOL)]. 9. I have also heard Shri T.K. Kar. ld. SDR who submits that as per the statements of Shri Rabiul Sheikh, Shri Jamal Ali Mondal was accompanying him and fled away on seeing BSF officers. He did not make himself available at the time of search of his premises or at any time thereafter when several summons were issued to him. The officers could apprehend him by chance only on 23-1-94. As such efforts on the part of Shri Jamal Ali Mondal to avoid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the diary in question represents the detailed transactions of the gold. The objection taken by Shri Chattopadhyay that the word gold is nowhere written in the said diary and as such the entries made therein cannot be held to be that of gold cannot be accepted inasmuch as Shri Jamal Ali Mondal has admitted in his various statements that the entries are that of transactions of gold and are written in the hand-writing of his wife. No sane person, while recording transactions of the smuggled gold in the diary would make it evident by writing that the same are of smuggled foreign origin gold. The statements of Shri Jamal Mondal cannot be likely brushed aside inasmuch as that give plethora of information. The efforts on the part of Smt. Manua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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