Home Case Index All Cases Customs Customs + HC Customs - 2013 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (4) TMI 134 - HC - CustomsOffence U/s 135 (1) (a) of the Customs Act, 1962 - Confiscation U/s 111 (d) - Section 108 - Upon search of Ashwani's car, pieces of watches, VCRs, etc. were recovered alongwith some documents and bill of entry, and the same were seized - Held that:- A statement of co-accused cannot be excluded from consideration at the threshold of trial as its admissibility or inadmissibility under Section 30 of the Indian Evidence Act, 1872 has to be considered after the evidence is led in relation to it. Apart from this, there is similar statement of independent person-Dinesh Kumar, whose evidentiary value cannot be pre-judged at the initial stage. This Court is conscious of the fact that aforesaid Dinesh Kumar is not a cited witness by the respondent, but on this technical ground, petitioner cannot get a clean chit as list of additional witnesses can be always filed by the respondent even now before the trial court - Due to whose fault the trial of this case has not begun, is a matter which is not required to be gone into in these revisional proceedings, as mere delay would not be detriment because trial court record has been reconstructed. Prima facie, it appears that petitioner is the beneficiary of the seized goods and because applicability of Section 30 of the Indian Evidence Act, 1872 cannot be altogether excluded from consideration at this initial stage of trial, therefore, on the strength of decisions relied upon, petitioner is not entitled to discharge - Finding no illegality or infirmity in the impugned order - Dismiss this revision petition while refraining to comment upon the merits of this case lest it may prejudice either side at trial.
|