9911796707
TMI Blog1993 (3) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Gold (Control) Act, 1968 (for short, `the Act'). In the statement recorded under Section 70 of the Act, the petitioner disclosed that he is a registered/certified gold-smith and he reached Jodhpur on 28-11-1972 at 12.00 noon and went to the shop of Bhanwar Lal Sunar and gave one necklace, two Punchies, one Rakhdi and one ear-ring for setting stones in them. Bhanwar Lal Sunar returned the ornaments to him after setting the stones therein. He further disclosed that though he keeps the register but he has not made any entry with regard to these ornaments in this register. He further stated that earlier he gave some gold to Ram Swaroop gold-smith for manufacturing the bangles and got these bangles on 29-11-1972, at 11.10 a.m. and he wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Central Excise Collectorate, Jaipur, by its order dated 11-7-1978 (Annexure 4). Aggrieved with the order rejecting the appeal, passed by the Central Excise Collectorate, Jaipur, the petitioner preferred a revision petition before the Government of India, which was also dismissed by the Central Government vide its order dated 29-5-1981. The petitioner in this writ petition has, therefore, challenged the orders Annexure 3, Annexure 4 and Annexure 5 and has prayed for quashing and setting aside these orders and for restoring the gold ornaments recovered from him. 2.It is contended by the learned counsel for the petitioner that the statement of the petitioner was recorded on 29-11-1972 by the respondent in the presence of the police personn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 63 of the Act authorises the Gold Control Officer of a gazetted rank to summon any person whose attendance he considers necessary either to give evidence or to produce any document or other thing in any enquiry which such officer is making in connection of any contravention of any of the provisions of this Act. The statement made by a person under Section 70 of the Act to the Officer making the arrest or the seizure or the statement made under Section 63 of the Act before the Gold Control Officer, are not the confessions recorded by a Magistrate under Section 164 Cr. P.C. as they are not subjected to the safeguards under which confessions are recorded by the Magistrate. These statements are, therefore, to be scrutinized to find-out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is true and trustworthy? If we carefully examine the statement of the petitioner and compare it with the rest of the evidence and in the light of the surrounding circumstances and the probabilities in the case then the statement made by the petitioner on 29-11-1972 shows that it does not fit in with the rest of the evidence and the surrounding circumstances because undoubtedly there is an entry of these ornaments in GR 13 register maintained by the petitioner and this register was checked by the Inspector of the Customs and Excise Department on 23-11-1972, and after inspecting the register No. GR 13 on 23-11-1972, the Inspector, Central Excise andCustoms, Nagaur, gave the following remarks :- "Visited the premises, found the balance in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ravened any of the provisions of the Act as the due entries have already been made in the register. One thing more I would like to mention here that GR 13 register, maintained by the petitioner, was seized by the respondents but in spite of several opportunities given to the respondents, that register has not been produced and it has been stated by the learned counsel for the respondents that the register is not traceable. The respondents have not believed the register maintained by the petitioner on flimsy grounds and have not produced the register for the perusal of the Court and, therefore, an adverse inference deserves to be drawn against them as the entries do find place in the register maintained by the petitioner and no provision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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