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TMI Blog2005 (8) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... monds weighing 13583.08 carats and foreign currency of US $ 1,50,000/- seized on being recovered from the roof panelling of the rear toilet No. D and J class toilet of Indian Airlines flight IC 664 on its arrival from Sharjah on 15-3-1996. 2. Brief facts of the case are that on 14-3-1996 the DRI Regional Unit, Hyderabad, intercepted on Mohammed Suleman Paowala at Begumpet Airport, Hyderabad, as he was about to board Indian Airlines flight IC 591 which was bound for Sharjah and recovered one star shaped tool bit of a screwdriver concealed in his hand-pouch and another similar tool bit in the socks worn on is left leg, which was seized. He stated that the tool bits were from the toolkit of the Aircraft Maintenance Department of the Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tools were meant to open the roof panels of the toilet of the aircraft during his journey to Sharjah and to remove therefrom four packets of diamonds already concealed by Azam Shaikh and stated that he was to handover the diamonds to an accomplice, Azam Shaikh, at Sharjah and that he had opened the roof panels of the toilet of the aircraft and confirmed that the four packets containing diamonds were inside them and to ensure that he would be able to carry out the operation of removal of the diamonds from the roof panels. He also identified Azam Shaikh from the photo Identify card register of Indian Airlines and confirmed that he was the same person who had travelled with him in flight IC 117 on 14-3-1996 and who had given him the tools ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated a couple of rows behind that he did not know anything about concealment or recovery of diamonds or foreign currency from the aircraft. Statement of Mohd. Zakaria Dawood was recorded on 21-6-1996 in which he inter alia stated that on his third trip to Sharjah on 11-3-1996 Azam Shaikh had financed him and he had retrieved on packet from the roof panels of the rear side toilet of the aircraft with the help of a screwdriver provided by Azam Shaikh and handed over the packet to Azam s accomplice at Sharjah and that Azam had several persons who would retrieve goods on board the aircraft and that Azam would provide ticket and remuneration to such persons. 3. Based on the above, the department was of the view that the appellant together with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons whose telephone numbers had been given to Paowala and which had been written on Paowala s baggage tag. He also instructed Paowala to wear a particular overcoat to facilitate his identification by the recipient of the contraband at Sharjah. Paowala has also confirmed that in the flight from Mumbai to Hyderabad he conducted the exercise of opening the panel in the rear toilet of the aircraft to confirm the presence of diamonds in the cavity behind the panel under instructions from the appellant. The travel agent has identified that the appellant was the person who had booked air tickets for himself and others. Paowla s statement is a very valuable piece of evidence and in the eye of law, his statements have not been retracted and the stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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