9911796707
TMI Blog2012 (9) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.45 p.m., the accused Nos. 1 and 2 were in possession of contraband gold with foreign marking near Hostel President in Mangalore and when PW.1 arrived at the spot they were found in vehicle bearing No. C.R.X.-1857 and when the said persons were searched they were in possession of 8 yellow coloured metal pieces which were found to be gold biscuits of foreign origin and they were also in possession of a sum of Rs. 35,000./- in terms of Indian currency which is the cost of one biscuit and thereby, they are alleged to have committed offence under Section 135 of Customs act and Section 85 of Gold Control Act. 3. The complainant in order to prove the case has examined in all 5 witnesses and got marked Exs. P1 to P.19 and Mos. 1 to 8. 4.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aint that on definite information that one Mustafa was likely to deliver the contraband gold with foreign markings to a person waiting near the Hotel President, the Officers of the Intelligence Department conducted a raid near the said place on 5-11-1988 at about 18.45 hours. The said Mustafa arrived holding a red coloured box in his left hand and was waiting there. At about 19 hours, a white coloured flat Padmini Premier Car bearing registration No. CRX 1857 approached and stopped in front of the officers. Immediately, the said Mustafa approached the car and opened the front door and sat down by the side of the driver and when the driver was about to start the car, the officer of the DRI signalled the driver and car was stopped. The red co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complainant. The total weight of the gold was found to be 932.800 grams, the material was subjected to examination and a mahazar was drawn in the office of the DRI at Mangalore and Ex.P.1 is the said mahazar. He has further stated that he has recorded the statement of accused Nos.1 and 2 under Section 108 of the Customs Act and Ex.P.2 is the statement of accused No. 1 and Ex.P.3 is the statement of accused No. 2, both run into 5 pages each and accused thereafter, were produced before the Court. It is further stated by him that on 15-11-1988, the first accused had given a further statement under Section 108 of the Customs Act as per Ex.P.4 and second accused has given a further statement on 17-11-1988 as per Ex.P.5. On 22-11-1988 accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PW.2 B.M. Suri is the Senior Intelligence Officer, Customs Department, Mangalore during the relevant period. He has also stated regarding the incident of 5-11-1988 at about 6.30 p.m., when accused No. 2 was waiting for first accused, who came in a car and thereafter, accused No. 2 sat in the car and also regarding the seizure of the contraband articles PW.3. Ramakrishnaiah has subjected the seized gold biscuits for examination by one Lakshminarayana Set, who has given his opinion that seized articles are gold PW.4 Venugopala was a witness to the panchanama, which was drawn in respect of the seizure of the gold articles. The same has been marked as Ex.P.1. PW.5 is the goldsmith who has examined the gold and has given his opinion that the sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumble Police Station, Kasargod in Kerala State. However, he has admitted that he was involved in the said case in releasing the said car. It is further found that no seizure mahazar has been drawn at the place where the car was seized nor any witnesses are examined from the neighbourhood. It is the admitted case of the complainant that immediately, after detaining accused Nos.1 and 2 and seizing the car, they have taken them to the office of the complainant at Bejai, Mangalore. The place where the car was stopped was busy area with many shops and commercial establishments, as admitted by PWs.1 and 3 in the cross-examination but none of the occupants of the neighbouring shops and establishments were cited as witnesses and no mahazar was dra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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