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TMI Blog1991 (4) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... hree helpers (one co-accused with the petitioner and tow others) were found in the truck at the time of interception. Three other persons, namely, Vipin Kumar Kapoor, Sanjay Verma-petitioner and Mohsin Anwar were present near the truck at the time of interception. The aforesaid factory belongs to the petitioner. (3) Vipin Kumar Kapoor tried to run away but was over powered after a brief scuffle. The truck drivers and helpers were brought to the office Complex of Dir at 1.P. Bhawan for its thorough rummaging. On search before two alleged in dependent witnesses 25 silver slabs wrapped in gunny bags were recovered from the floor of the truck concealed with thick layer of soil. Each of the silver slabs weighed more than 30 kilograms and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner. The time of the occurrence was such that the petitioner could not have been present at the spot unless be was aware of the arrival of the silver. No document was there in the truck which could establish that legally such a huge quantity of silver could be transported. He further argued that the very fact that the silver was found concealed under thick layer of soil will prima facie go to show that it was smuggled. He has also drawn my attention to the statement of the petitioner recorded under Section 108 of the Customs Act. (5) I have carefully considered the rival contentions. The occurrence took place on a severe winter morning i.e. on 21-1-91 at about 5-00 A.M. The house of the petitioner admittedly is 3 to 4 Kilometers from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reason to believe is liable to confiscation under Section 111 of the Customs Act. It may be quite appropriate to quote some observations from the case of State of Gujarat v Mohanlal Jitamatji Porwal and another reported in 1987CriLJ1061 from para 5 at page 1324, The entire Community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool 53 calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community. A disregard for the interest of the Community can be manifested only at the cost of forfeiting the trust and faith of the Community ..... X X X X Extracts X X X X X X X X Extracts X X X X
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