9911796707
TMI Blog1997 (11) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... vessel which was in the sea. He was also assured that he would be paid for the work by the appellant. He was instructed to bring gold near Jampore School. His statement implicates the appellant amply. His second statement was recorded on 3-2-1970 and the third on 11-7-1970. In the third statement he had stated that the machine for his boat was fitted with the help of the appellant and it was agreed between him and the appellant that the amounts payable for the work which he would do for the appellant could be adjusted towards the cost of the machine. According to him the appellant told him that if he had any work he would send a message through PW 27. The fourth statement of Accused No. 1 was recorded on 25-2-1972. The statements of Accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assistant Collector of Customs and an appeal by the appellant before the High Court of Gujarat. The High Court while confirming the conviction, partly allowed his appeal and reduced the sentence of imprisonment under Sections 135(1A) and 135(1B) of the Customs Act to five years rigorous imprisonment. Aggrieved by the said judgment, the appellant preferred these appeals on Special Leave. 2.The main contention of the learned Counsel for the appellant is that the entire case of the prosecution as against him is wholly unbelievable as there is nothing on record to connect him with the alleged occurrence. It is submitted that the Courts below have acted on the sole uncorroborated testimony of PW 7 who was originally accused No. 9 and convict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from the three accused that 16 packets of gold were dumped in the sea at a short distance. They were taken out and it was found that they contained 32,000 tolas of gold. The officers recorded statements under Section 108 of the Customs Act. Ultimately a complaint was filed by the Assistant Collector of Customs, Valsad on 29-3-1974 against 11 accused. Accused No. 10 was absconding, Accused No. 3 expired, Accused No. 9 pleaded guilty. He was convicted and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 2,000/-. He was in jail from 15-2-1976 but there was a remission of sentence and after release he gave evidence as PW 27. 4.According to PW 27 he was working as Driver of the appellant from the year 1966-67. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confession of a co-accused person cannot be treated as substantive evidence and can be pressed into service only when the Court is inclined to accept other evidence and feels the necessity for an assurance in support of its conclusion deducible from the said evidence. The Court observed that the stage to consider such confessional statements arrived only after the other evidence is considered and found to be satisfactory. 6.In the present case several statements have been recorded under the Customs Act and marked as Ex. 23 to Ex. 31. They were all recorded on 2-2-1970. In the statement of Accused No. 1 he stated that PW 27 was driving the car of the appellant and he met him on the relevant date and requested him to bring gold from the ves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 108 of the Customs Act are admissible in evidence vide Ramesh Chandra v. State of West Bengal, AIR 1970 S.C. 940 and K.I. Pavunny v. Assistant Collector (H.Q.), Central Excise Collectorate, Cochin, 1997 (90) E.L.T. 241 (S.C.) = (1997) 3 S.C.C. 721. 8.The Courts below were therefore justified in accepting the contents of those statements and considering the evidence of PW 27 in addition thereto. Moreover reference has been made to the evidence of PW 15 who was of a Customs Officer. According to his evidence he knew PW 27 personally and had knowledge that he was a driver of the appellant. 9.Both the Trial Court and the High Court have discussed the evidence on record in detail. We do not find it necessary to repeat the exercise in this ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
