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TMI Blog1972 (2) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... e dicky. The fact that the mud on the gunny bags was wet shows that the gunny bags had been placed on the dicky shortly before they were examined by the Customs Officials. All these incriminating circumstances, in our opinion, clearly point to the guilt of the appellant. We are satisfied that the conviction of the appellant was fully justified. Appeal dismissed. - 112 of 1969 - - - Dated:- 24-2-1972 - J.M. Shelat, P. Jaganmohan Reddy and H.R. Khanna, JJ. [Judgment per : H.R. Khanna, J.]. - This is an appeal by Harbansingh Sardar Lenasingh and Wali Mohammad Noor Mohammad Makhnojia on certificate granted by the Bombay High Court against the judgment of that Court affirming on appeal the conviction of the appellants under Section 135 of the Customs Act, 1962 and Section 23 of the Foreign Exchange Regulation Act, 1947, and the sentence of rigorous imprisonment for a period of three years on the former count and one year on the latter count. The sentences on the two counts were ordered to run concurrently for each of the appellants. Wali Mohammad died during the pendency of this appeal, and the appeal insofar as it relates to him has consequently abated. We are now concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has, Wagh accordingly went to Bassein town at a distance of four miles from the wicket gate. In Bassein, Wagh contacted Inspector Pandit of Customs Department who resides in Bassein. Pandit then brought two panchas Abhyankar and Kane (P.W. 2). It was past 4 a.m. by the time Wagh returned with the panchas. The dicky was opened and the gunny bags were shown to the panchas. The tyre marks of the car of the accused were also shown to the panchas. It was thereafter decided that the panchanama should be prepared at Bombay and not at that lonely spot at an odd hour. The two accused were then made to sit in their car. Three of the Customs officers went with the accused in that car, while the remaining Customs Officials and panchas went in the other car. The two cars reached the Central Excise and Customs Office in Churchgate, Bombay at about 9 a.m. The four gunny bags were then taken to the office along with the two accused and the panchas. On opening the gunny bags, it was found that there were two jackets in each of the three gunny bags and one jacket in the fourth gunny bag. There were gold chips in all the seven jackets. The gold chips had two separate markings. One of the markings was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e., on bridge near Bassin Railway crossing at about 2 a.m. on 22-3-1965. We asked the driver to dim the light and hoot the horn. We i.e., myself and Wali Mohammad got down from the motor car and told the driver to proceed a bit ahead and turned the car and come where we had got down. The car accordingly went ahead and turned back where we were waiting. In the meanwhile we went down the road and contacted the fishermen and ascertained that they had brought the gold. I told the driver not to get down from the car and to keep the engine running, the four packets containing gold were placed in the dicky of our vehicle. We got in and started. As soon as we started we were intercepted by the Customs Officers. They inquired as to what was there in the car. As our game was up, we thought to give the correct answer and therefore told them that there was gold consignment in our vehicle. The officers took away the keys of our vehicle and called panchas. With the panchas we were brought to Central Excise Office, Churchgate, Bombay, where the gold and vehicle were seized under a Panchanama. I and Wali Mohammad had brought this gold for sale and profit." 6.Jokhi, after obtaining the sanctio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate without unnecessary delay. The other two contentions were that the confessional statements of the two accused recorded by Robb P.W., were not true, and that in any case, they could not be acted upon without sufficient corroboration. All the three contentions were repelled by the High Court and in the result, the appeal was dismissed. 10.Mr. Chari in appeal has not questioned the admissibility of the confessional statements of the accused which were recorded by Superintendent Robb. The matter indeed is concluded by the decision of this Court in the case of Romesh Chandra Mehta v. State of West Bengal, (1969) 2 SCR 461, wherein it has been held that the statements recorded by an officer of Customs under the Customs Act are admissible in evidence and are not hit by Section 25 of the Indian Evidence Act or Article 20(3) of the Constitution. It is, however, urged by Mr. Chari that there is intrinsic evidence to show that the part of the confessional statement Ex. 17 of the appellant wherein there is reference to the appellant and Wali Mohammad having contacted fishermen and about the bringing of the gold, was not made by the appellant but was introduced by Customs Officers. As suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n made by Wali Mohammad and had not been repeated thereafter by the appellant would not make the use of the word "we" in the above context improbable. 13.It has also been pointed out by Mr. Chari that Rane, Deputy Superintendent of Central Excise, from whom the statement of the appellant was got recorded by Robb, has not been examined as a witness. This fact, in our opinion, would not materially affect the case as statement Ex. 17 was written under the supervision of Robb P.W. and was signed by him. Robb's evidence shows that statement Ex. 17 represents what had been stated by the appellant. 14.Apart from statement Ex. 17, we find that the other circumstances of the case clearly point to the guilt of the appellant. Evidence of Wagh P.W. shows that the appellant was found present on the back seat of the car from the dicky of which gold was recovered. It is also in evidence that the said car before the recovery of gold was brought at an odd hour of 2 a.m. and taken on the kutcha track towards salt pans near Bassein bridge. The car was thereafter parked on the kutcha track near that bridge and its engine was kept running. After the car was intercepted the Customs Officials interro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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