9911796707
TMI Blog1997 (7) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... -2-1997, from one Jayachandran, a passenger bound for Sharjah, at Anna International Airport, Chennai, resulting in the seizure of his baggage, containing various foreign currency notes to the Indian value of Rs. 57 lakhs and odd, the petitioner has been implicated in this case. 3.On the strength of these averments in the petition, Mr. Sudanthiram, learned Counsel for the petitioner would vehemently argue, that there is no material against the petitioner for his alleged involvement, except the alleged confession statement of the said Jayachandran the co-accused. 4.Counsel for the petitioner would also cite an authority rendered by this Court reported in 1990 (2) M.W.N. (Crl.) 60 (P. Pulla Rao v. State), in which it is held that "confes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d statement of the co-accused is otherwise reliable and trustworthy, after considering the attending circumstances of the case, and that at the most, it can be said that it would be risky to base conviction on the sole retracted statement of the co-accused, but it can never be said that no conviction can be based on the retracted statement of the co-accused. 7.In yet another decision cited by learned Special Public Prosecutor, reported in 1997 (90) E.L.T. 241 (S.C.) = J.T. 1997 (2) S.C. 120 [K.I. Pavunny v. Assistant Collector (Headquarter), Central Excise Collectorate, Cochin], the Apex Court held that "in a criminal trial, it is now well settled legal position that confession can form the sole basis for conviction, and if it is retracte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contain four bedsheets and four lungies. (ii) On further examination, the said four bedsheets and two, out of four lungies were found to be heavy. On unfolding the same, the said four bedsheets were found to contain four paper packets, wrapped with adhesive tapes. All the said four paper packets were removed from the folding of the said bedsheets, and on further examination, the packets were found to contain various foreign currencies. The lungies were also searched. It was also found to contain various foreign currency notes. (iii) As the passenger was not in a possession of any valid permit issued by the Reserve Bank of India, to export the said foreign currency notes, out of India, and since the said passenger attempted to smuggle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said registered post was returned undelivered by the postal department, with remarks "gone out and not found." (vii) A second summon dated 26-3-1997 was also sent to Abdul Hakim, the petitioner herein, through the Assistant Commissioner of Customs and Central Excise, Trichy, and the same was also returned by the Assistant Commissioner, stating that the "subject person is not available and hence the summons could not be served." Again on 24-5-1997, a reminding letter was sent to the Assistant Commissioner of Customs and Central Excise, Trichy, requesting him to cause discreet enquiry and surveillence to locate the whereabouts of the petitioner. 10.At this stage, the petitioner has filed this petition dated 27-6-1997, before this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner alone arranged to buy the flight tickets for the journey of the passenger Jayachandran, through Sulaiman, to go to Sharjah on 14-2-1997. The statements of Muthukrishnan and Navaneethan would also indicate that the petitioner handed over the cardboard carton to the co-accused Jayachandran along with the flight ticket for being taken to Sharjah and to hand over the same to his brother. Furthermore, it is also revealed that the petitioner arranged a taxi belonged to one Safiudeen, for taking the said Jayachandran from Labbikudi Kadu to Anna International Airport at Chennai. The witness Ethirajan was the Driver of the said taxi. His statement to this effect has also been recorded. Therefore, in this case, apart from the material, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to implicate their rivals in false causes for the purpose of disgracing them or for other purposes by getting them detained in jail for some days. In recent times, with the accentuation of political rivalry, this tendency is showing signs of steady increase. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail. We recommend the acceptance of this suggestion. We are further of the view that this special power should be conferred only on the High Court and the Court of Session, and that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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