9911796707
TMI Blog1982 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Act. 2. The facts leading to the prosecution of the two accused can be briefly narrated as under. On 9-10-1972 at about 7.00 a.m. a Police Sub-Inspector had intercepted a car bearing No. GJC 1088 on a suspicion. The present respondent along with one other were found in the said car and the luggage booth of the said car when opened was found to contain a huge haul of contraband goods, namely, textile fabrics of foreign origin. Both the accused were prosecuted and the learned C.J.M. came to the conclusion that the prosecution had proved its case beyond a reasonable doubt against both the accused persons. He, therefore, convicted them for an offence punishable u/s 135 of the Customs Act and each one of them was sentenced to undergo R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation. - In this section, `culpable mental state' includes intention, motive, knowledge, of a fact and belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact, is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability." 7. Relying upon this statutory provision Mr. Vaidya urged that once a mens rea is to be presumed the burden will be on the accused to prove that he had not harboured any mental state or criminal intent. Mr. Vaidya, therefore, urged that in the instant case the learned Additional Sessions Judge had completely lost sight of this very important aspect of the case. 8. It may be noted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent had readily accepted. His co-accused was to drive the vehicle all throughout and it was at Daman that without the knowledge of the present respondent and without his consent that original accused No. 1 had stuffed the luggage booth with contraband goods. The prosecution when it had relied upon that statement Ex. 33 for convicting original accused No. 1 that statement cannot be utilised piecemeal. If that statement is to be relied upon by the prosecution, all the contents of the statement shall have to be taken into consideration. The statement given by the present respondent was also to the same effect and it was identical with the statement Ex. 33. The very evidence namely, Ex. 33 on which the prosecution wanted to rely upon for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... casion to deal with the provisions of Section 138A of the Act and in para 7 of the said judgment the learned Single Judge observed the culpable mental state which is contemplated by the section is `knowledge'. A person who consciously acquires, deposits, sells, keeps, purchases or in any other manner deals with any goods which he knows or has reason to believe that the same are liable to confiscation under Section 111 can be held guilty under Section 125 of the Act. "There cannot be any dispute regarding this weighty observation. However, as the learned Single Judge has observed the section contemplates `knowledge' and in the instant case by the prosecution evidence itself it is revealed that he had no such knowledge and the facts of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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