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TMI Blog2000 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... emoving few lakhs of rupees periodically and was living in affluence. This reached the Police. They ransacked the building G-10, Saket on the information furnished by him and removed entire currency found there. Duli Chand was kept in custody without even registering a case against him. The amount which was removed from G-10, Saket was distributed among the members of the police force. On account of the news leaking out, to trap Duli Chand, two gold biscuits and Indian Currency worth Rs. 40 lakhs were handed over to the Customs. Officers of the Customs recorded statement of Duli Chand on 21-11-1996 and 22-11-1996 while he was still under police custody and torture. As per those statements gold biscuits belonged to him and the money was real ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement was recorded by the Customs officers on 21-11-1996. Yet another statement was also recorded on 22-11-1996. These statements were inculpatory. Those statements were retracted. Commissioner did not place any reliance on the subsequent statements wherein he retracted from earlier statements on the ground that Duli Chand did not retract his statement made before the Police when he was produced before the Metropolitan Magistrate on 14-11-1996. The Police who were doing all sorts of illegal acts in the case, as could be seen from the judgment of the Delhi High Court in Criminal Writ Petition No. 809/96' was having the custody of Duli Chand when he was taken to the Metropolitan Magistrate on 14-11-1996. We are not surprised on the fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Bench of the Supreme Court dealing with Section 178A of the Sea Customs Act, took the view that if in a case where seizure of goods was effected by Police and was subsequently handed over to the Customs authorities, the provision regarding burden of proof contained in Section 178A of that Act will not apply. The said provision is in pari materia to Section 123 of the Customs Act, 1962. The said principle must apply to Section 123 as well. In the instant case, the alleged seizure of gold biscuits and Rs. 40 lakhs was by the Police. Police, Superintendent of Customs and Inspector of Customs were hand in glove with each other in foisting false case on Duli Chand, as could be seen from the decision rendered by the Delhi High Court in Crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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