9911796707
TMI Blog2025 (1) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... pect to the offence, which is said to be committed. Though, it has been held by the Hon'ble Apex Court in the case of Romesh Chandra Mehta Vs State of West Bengal [1968 (10) TMI 50 - SUPREME COURT], that the custom officers are not the police officers and the statement recorded under section 108 of the Act,1962, is admissible in evidence, though there seems to be no quarrel regarding the same, whereas the further issue is that can the statement of an accused recorded under section 108 of the Act,1962, blindly be accepted without any corroboration of other evidences ? Infact, the admissibility of an evidence is one aspect of the matter and the conviction can lead only on the basis of the confessional statement recorded under section 108 of the Act,1962 is the other aspect of the matter and the answer would be no. This court is of the opinion that the confessional statement of an accused recorded under section 108 of the Act,1962, cannot blindly be accepted unless it is corroborated by any independent evidence/material as the same would not lead to conviction. The examination of confessional statement of the accused is essentially required so as to find out that the same is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a personal search was done and one black coloured cheque.in, was alleged to be recovered having currency notes of U.S. Dollars, total 2125 in number and the applicant-accused was informed to have violated the provisions of section 77 of the Customs Act, 1962 (hereinafter referred to as 'Act, 1962') and Foreign Exchange Management Regulations, 2000 and Foreign Exchange Management Act, 1999.The Foreign Currency so recovered was seized under the provisions of section 113 read with section 2 (22) of the Customs Act, 1962. On 07-08-2024, another search and seizure was also done at arrival lobby of the airport, at the time when the Air Asia Flight FD 146, landed at 10.20 P.M. and three co-accused namely Tanveer Mustafa, Damien During and Shashank Singh, were detained and from personal search of Tanveer Mustafa, 3 gold bullions wrapped in a black coloured tissue paper, was recovered and nothing was recovered from the other two coaccused persons. The third search and seizure was also done at 10.30 P.M. at Crystal Apartment, wherein Ratnesh Pandey and Deepu Chaudhary were detained and some articles were recovered and thus, on 09-08-2024, the applicant and the other co - accused pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince last five months. He added that the offence is punishable upto 7 years and there is no flight risk or tampering of the evidences by the applicant. Further submission is that the applicant is a law abiding citizen and he is languishing in jail since 09-08-2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Therefore, submission is that the applicant may be enlarged on bail. Per contra, learned counsel appearing for the D.R.I. has vehemently opposed the contentions abovesaid and argued that the applicant was detained and arrested while the D.R.I. officials intercepted the CCS Airport, Lucknow and the Panchnama/recovery proceedings were duly completed. He submits that as per the call details record, the present applicantaccused had 181 times conversations with coaccused, Ratnesh Pandey, in between 1-07-2024 to 07-08-2024 and 6 telephonic communications on the day of incident, which indicates that there was a close coordination and active involvement of the applicant in smuggling of the prohibited gold. He further argued that the forensic examination of the mobile phone of the applicant- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion has ever been done or the D.R.I. has failed to place any evidence that those conversations were specifically with respect to the offence, which is said to be committed. Further much emphasis is drawn on the statement of the present applicant-accused recorded under section 108 of the Act,1962 and the argument is placed on behest of the D.R.I. officials that the confessional statement itself is enough to convict the applicant. Though, it has been held by the Hon'ble Apex Court in the case of Romesh Chandra Mehta Vs State of West Bengal, reported in (1969) 2 SCR 461, that the custom officers are not the police officers and the statement recorded under section 108 of the Act,1962, is admissible in evidence, though there seems to be no quarrel regarding the same, whereas the further issue is that can the statement of an accused recorded under section 108 of the Act,1962, blindly be accepted without any corroboration of other evidences ? Infact, the admissibility of an evidence is one aspect of the matter and the conviction can lead only on the basis of the confessional statement recorded under section 108 of the Act,1962 is the other aspect of the matter and the answer would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, particularly when it is retracted with a plea of coercion." This court is of the opinion that the confessional statement of an accused recorded under section 108 of the Act,1962, cannot blindly be accepted unless it is corroborated by any independent evidence/material as the same would not lead to conviction. The examination of confessional statement of the accused is essentially required so as to find out that the same is not taken under coercion or under extraneous influences. The trial court has also to be conscious enough while examining the correctness and voluntariness of the nature of the statement of the accused. I have also noticed the fact that no gold is recovered from the possession of the applicant and the D.R.I. officials have failed to strongly corroborate the story,though, the investigation is completed and the complaint has also been instituted, therefore,there seems no possibility that the applicant would tamper the evidences or would threaten the witnesses. Further the custodial interrogation also seems to be unreasonable and uncalled for at this stage as no plausible argument/reasons are accorded. Further whether the alleged smuggled gold is under th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
