9911796707
TMI Blog2010 (2) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Deepak Aggarwal, Advocate, for the Petitioner. Shri H.P.S. Ghuman, Advocate, for the Respondent. [Order]. - This judgment of mine shall dispose of two connected petitions bearing Nos. 275 and 435 of 2002 preferred against the judgment dated 22-1-2002 passed by the learned Additional Sessions Judge, Amritsar, dismissing the appeal of the accused-petitioners against the judgment dated 3-11-1997 passed by the Chief Judicial Magistrate, Amritsar, convicting and sentencing them to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/- each under Section 135 of the Customs Act (herein referred as 'the Act') for having in their possession 225 smuggled gold biscuits. 2.The accused are the intruders coming fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having brought one other consignment of 200 gold biscuits previously also for delivering the same to the accused Nirmal Singh. As such, Nirmal Singh and Swaran Singh were also impleaded as accused and complaint was filed against all the four persons. Accused Swaran Singh and Nirmal Singh were declared as Proclaimed Offenders, whereas, the accused Mukhtiar Singh and Kartar Singh faced trial. 3.Accordingly, they were charged for the aforesaid offences to which they pleaded not guilty and claimed trial. 4. In pre-charge evidence, the complainant had examined Roop Singh, Intelligence Officer (PW1), Inspector Tej Singh Bisht (PW2) and V.P. Sharma, Commandant B.S.F. (PW3). 5.After framing the charge, the witnesses were re-called for c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Customs Act, it was submitted that the statements are not shown to be forcibly obtained but it is proved that these were made by the accused voluntarily under their signatures/thumb impressions. 11.Arguments heard. Record perused. 12. It stands fully established by the prosecution from the testimony of V.P. Sharma, Commandant (PW3) and Inspector Tej Singh Bisht (PW2) that the accused were apprehended when they were coming from the side of Pakistan under the Indian territory. The accused had fired upon them, however, they were nabbed and 225 gold biscuits were recovered from them. At this juncture, it was difficult to have the help of any independent witness. The testimony of these two witnesses being without any bias, malice o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Customs Act. The statements made by the accused under the aforesaid section are not covered under Section 24 of the Act. While elaborating the applicability of Section 24 of the Act, the Apex Court in case Percy Rustomji Basta v. The State of Maharashtra, 1971 Crl. L.J. 933 observed as under : "22. Further, it is to be seen that it is not every threat, inducement or promise even emanating from the person in authority that is hit by Section 24 of the Evidence Act. In order to attract the bar, it has to be such an inducement, threat or promise, which should lead the accused to suppose that "by making it he would gain any advantage or avoid any evil of temporal nature in reference to the proceedings against him". In the case be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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