Home Case Index All Cases Customs Customs + SC Customs - 1980 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1980 (2) TMI 95 - SC - CustomsAccused No. 1 and Accused No. 5 were acquitted by the charges framed against them Held that:- Merely because P.Ws. 2 and 4 were Customs Officers their evidence could not be rejected outright because they were doubtless competent officers to prove the search and the recoveries. Thus, we are unable to agree with the view of the High Court that in the instant case, the confessions of the respondents were not corroborated by the recoveries as proved by the search lists and the witnesses to the same. Having considered the evidence of P.Ws. 1, 2, 4 and 9, we are satisfied that the confessional statements made by the respondents before the Customs Officers (which are undoubtedly admissible in evidence) were fully corroborated by the witnesses mentioned above. On an overall consideration of the evidence, therefore, we are satisfied that the judgment of the High Court acquitting the respondents is vitiated by a clear error of law. The appeals are accordingly allowed and the judgment of the High Court is set aside and that of the Chief Presidency Magistrate convicting and sentencing the respondents, as indicated above is restored.
|