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TMI Blog1974 (12) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ad a ticket on him, aroused suspicion so that the appellant was detained. On a search of his person at the Police Station in the presence of Panchas, nine bars of gold with foreign markings were found secreted in especially made concealed pockets of his trousers. These were seized by the Railway Police. After further questioning by the Police, the appellant was summoned before Shri L.A. Digama, Additional Chief Inspector of Customs. Bombay, where his statement under Section 108 of the Customs Act, 1962 was recorded on 10-4-1967. In that statement, the appellant admitted the recovery of gold bars from his person and stated that he had agreed with one Pannalal to carry them for delivery at Delhi for a sum of Rs. 100/- to be paid to the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrary to any prohibition imposed by or under this Act or any other law for the time being in force". 5. It was urged that, as restrictions on the import of gold were only imposed in 1948, there should have been some evidence to show when it was brought into India. Apart from other reasons given below, we think that this argument overlooks that an offence under Section 1356(b) is punishable if the offender "acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under Section 111". 6. Secondly, it is contended that the High Court had wrongly us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the "proper officer". That was also a case of "seizure" of allegedly smuggled gold. There, the police had initially commenced proceedings under Sections 411 and 414 of the Indian Penal Code against the accused, but, afterwards, the case was handed over to the Customs' authorities. The initial "seizure" being one by the ordinary police, it was held to be not one under the Act. In that case, this Court had set aside the order of the High Court because it held the statutory presumption could not be used to convict. But, it did not, for that reason, acquit the accused. On the other hand, it sent back the case to the trial Court for decisions after considering the evidence without the aid of the statutory presumption. 8. Even if we were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le that any person would entrust gold valued at about Rs. 40,000/- on which Rs. 17,000/- was payable as duty alone, to a youngster who was an utter stranger to him even if the carrier was to get Rs. 100/- for the risky undertaking. It is significant that the appellant was found carrying gold from Bombay, a port of entry for smuggled goods, to Delhi, where there is a good market for gold. If it was not recently smuggled gold carried contrary to law there was no need for the clandestine and guilty manner of transporting it. We think that, in the circumstances of the case, an inference could very well be made that the gold must have been recently imported into the country, or at any rate, after the law passed in 1948 restricting its entry. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Mint Report read out and explained to you? Ans. Yes. Q. What have you to say about the same? Ans. I have to say nothing. I want to add that I am producing the notice given by the Custom dated 6-10-1967." 11. It is clear to us that the appellant was fully aware of the nature of the allegations made against him. He had not merely given a detailed explanation under Section 108 of the Act, of the circumstances in which he said he was arrested with the gold bars, but, he had also filed an elaborate written statement. He had indicated that this is the only from in which he would give his explanation. It is true that the general form of questions put does not strictly comply with the provisions of Section 342, Criminal Procedure Code. But ..... X X X X Extracts X X X X X X X X Extracts X X X X
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