9911796707
TMI Blog1984 (5) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... 18,000 in the denomination of Rs. 100, Rs. 10 and Rs. 5 and 13 sovereigns of gold (Bristish currency) for adjudication under the Customs Act, 1962. 2. In order to appreciate the recommendation of the Additional District Judge and the correctness or otherwise of the order of the trail Magistrate, a reference to material facts would be necessary which can be stated thus ; On 14th February, 1970, M.M P.I. Balwant Singh who was then patrolling the G.T. Road, at about 3 P.M., received secret information to the effect that some smugglers coming from Ludhiana in a green car were carrying arms and lakhs of money for the purpose of distributing the same to the relatives of such persons who had gone to foreign countries. When the said car came wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cigarette box and the gold sovereigns. The car in question, Ambassador make No. RJQ-6022 was also taken into possession by the police. It was also said to have been mentioned by the accused in their statements that currency notes mentioned above were in lieu of the money or gold imported from foreign countries by illegal means and that the gold sovereigns were also imported by illegal means. The police then got registered case and Sections 420, 411, 414 and 120 (B), Indian Penal Code, Sections 27 of the Arms Act, Sections 4, 5 and 8 of the Foreign Exchange Regulations Act, 1947, and Section 110 of the Customs Act, 1962. 3. The police made recommendation for withdrawing all the criminal cases regarding the seized property, excepting the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder v. State of Haryana) decided on 10th November, 1972. 7. The argument found favour with the Additional District Judge who has recommended the same for acceptance. 8. Relevant provision of Section 523 of the old Code are in the following terms: "523. (1) The Seizure by any police officer of property taken under Section 51, or alleged or suspected to have been stolen or found under circumstances which, create suspicion of the commission of any offence, shall be' forthwith reported to a Magistrate who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or, if such person cannot be ascertained, respecting the custody and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of mere possession of the person from whom the said property had been taken into possession by the police. In such a case, obviously, the Magistrate shall have to permit the claimants to adduce full evidence and only then he would make an order regarding the disposal of the said property. Whereas, if the property continues to be the (case) property, then the claim based on mere possessory right of a given claimant would not be of much avail come into play. For if, ultimately the accused is convicted and an order for confiscation of the said property is made and in the mean time the Court had delivered the possession of the cash to the accused, the Court would be put to inconvenience in getting back the amount from the accused which the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th November 1972). 11. The learned Single Judge does not lay down an inflexible rule that, in all cases, the Magistrate must receive evidence on the record even when it is not required. In that case, the learned Judge was impressed by two facts (1) that the Magistrate had passed a cryptic order, and (2) that he had passed that order under influence of the police which had recommended the handing over of the property in that case to a given person. 12. In the present case, the Magistrate had passed a very detailed and reasoned order, has given cogent reasons for declining the claim of the Income Tax Officer of various places, as also that of the claimant petitioner which is said to be a firm allegedly registered only 10 days before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
