9911796707
TMI Blog2000 (11) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... ept a surveillance on 30-3-1992 and found the two appellants coming out from a Dharmasala at Calcutta. They were intercepted by the Officers when they were passing through Kalakar Street and were brought to the Customs House. As the search of their person did not result in any contraband, two of them were interrogated. Shri Ram Swarup Verma in his statement admitted that Shri Pawan Kumar Verma were carrying eight pieces of gold biscuits on his instruction concealed in his return. Shri Pawan Kumar Verma voluntarily agreed to eject the gold pieces from his rectum, which were subsequently ejected by him in the presence of two independent witnesses. On examination, two packets ejected by Shri P.K. Verma, were found to contain four pieces of gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them at the time of filing of Bail Applications before the Chief Metropolitan Magistrate. It is argued that the said retraction has not been taken into account and the entire case has been made out on the basis of the said two statements. Learned Advocate, Shri Roy also submitted that no biscuits were recovered from Shri P.K. Verma at any point of time. Appellants have been falsely implicated by the Revenue Authorities. 3. I have also heard Shri R.K. Roy, learned JDR for the Revenue. 4. I find that as per the records, eight gold biscuits were recovered from the rectum of Shri P.K. Verma. A proper Seizure Memo reflecting upon the above facts has been drawn by the Customs Officers. Learned Advocate has not been able to show me anything a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers were assaulted and forced to write on the papers as per choice of the Officers. However, apart from the fact that such contention of the appellants was not accepted by the learned Chief Metropolitan Magistrate, While rejecting their Bail Applications, it is also seen that there was no serious effort on the part of the appellants to show that the statements were in fact extracted from them and were not voluntary and true statements. Mere filing of one-line retraction while moving the Bail Applications, will not, ipso facto, turn the statements into involuntary and incorrect statements, especially when plethora of details, which would be in the personal knowledge of the deponents only, had been disclosed in the statements. As such, I do n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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