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2018 (4) TMI 1259 - HC - CustomsSmuggling - Gold - It is the complainant's case that both the accused knowingly concerned in respect of said gold biscuits in the fraudulent evasion of duty chargeable thereon and prohibition imposed under Customs Act committed an offence punishable under Section 135(1)(a) of the Customs Act, 1962 - statements recorded under Section 108 were concluded - whether the statements were voluntary or were made under coercion - Held that: - all panchanamas were concluded at 6.30 p.m. on 8.1.1988. Statements as recorded would hardly require 3 to 4 hours. In fact Mrs. Mane submitted statements were recorded after concluding house search panchanama. Question is why accused were detained in office for whole night ? Why Appellant could not clarify at what time statements of accused under Section 108 of the Customs Act were recorded ? As informed accused were arrested on 9.1.1988 at 10 a.m. i.e. next day. In these circumstances, it can be safely concluded that both the accused were detained in the office of the Customs for whole night and thus, the contention of the Appellant that the statements were voluntary and were not influenced by the authorities cannot be accepted. Both the statements recorded under Section 108 of the Customs Act, 1962 were not voluntary statements inasmuch as there is evidence on record of P.W.2 to show that both the accused were detained in the office of the Customs for whole night and on the second day, i.e., 9.1.1988 at 10.00 a.m. they were shown arrested and produced before the learned Magistrate. Thus even though statement under Section 108 carry substantive evidentiary value, such statements in the case in hand are of no assistance to the Prosecution - There is no other evidence on record, except such statements. Appeal dismissed.
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