9911796707
TMI Blog2002 (10) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... s along with an Ambassador car bearing Registration No. DBX 8562 and Royal Eb-Field Motor Cycle No. P.U.O. 7731 were detected. They were found standing in plot No. 1790/12 and the vehicle referred to above were also parked in the said plot which is under the possession of Rattan Singh and his brother Gurbachan Singh. At the approach of the raiding party, those persons managed to escape. The raiding party chased them but they could not be apprehended. The vehicles i.e. Ambassador car and Royal-En-Field Motor-cycle were subjected to search and it revealed that 8 pieces of silver weighing 8.155 kg from the left tool box of the motor-cycle along with 6 pieces of silver weighing 5.660 kg and 34.220 kg of silver, lying concealed under the rear se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of this Act and from the circumstances of the case it may be reasonably inferred that if not prevented by the circumstances independent of his will, he is determined to carry out his intention to commit the offence, he is liable to penal action. Reference was also made to section 138-A of the Act which relates to the presumption of culpable mental state. Under the explanation it mis added that "culpable mental state" includes intention, motive, knowledge of fact and belief is, or reason to believe, a fact. The facts of the present case in hand coupled with the statement of the appellant it cannot be said that he is not connected with the offence charged with or that his case is not covered under the act. 8.It is well settled that Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pieces of silver weighing 5.660 kg and 34.220 kg of silver, were lying consealed under the rear seat of the car. Further silver was recovered weighing 53.045 kgs in the gunny bags. The total weight of the silver was 101.080 kg worth Rs. 3,03,240/-. 6.The charge against the petitioner stands proved from the statement of Inspector Vijay Bahadur Singh PW-2 who recorded statement Ex. PB/1 of the petitioner on 14-2-1981. They have no axe to grind against the petitioner and it cannot be said that they would plant the huge quantity of silver from their personal resources. The incident took place in January, 1981. The petitioner Shri Rattan Singh is facing vagaries of the criminal proceedings for the last more than 20 years, therefore, I am of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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