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1996 (8) TMI 116 - SC - CustomsWhether in the proved facts and circumstances the courts below were justified in taking recourse to the statutory presumption under Section 138A of the Customs Act? Held that:- The answer must be in the affirmative. The fact that accused was found to be inside the vehicle from which the silver ingots were recovered; the fact that the vehicle did not stop even though customs authorities [signalled] for stopping; the fact that the two courts below disbelieved the plea of accused-Devchand about the break down of his fiat car and he is taking [an] innocent lift by the ambassador car from the secret pocket of which the silver ingots were recovered; and that the place from where the recovery was made is undoubtedly a place within the notified area under Section 11K of the Act and further that there was no transport voucher as required under Section 11K of the Act, unhesitatingly point towards the complicity of the accused-Devchand in the commission of offence under Section 135(1) and the presumption under Section 138A having been rightly attracted. The burden lay on the accused-appellant to establish that either he did not know about the fact of silver ingots being transported in the vehicle or that he was in no way connected with the same. But the accused-Devehand has utterly failed to discharge the said burden. In our considered opinion the conviction must be held to be well founded and the sentence passed thereunder is wholly justified. So far as Jayantilal is concerned no convincing argument has been advanced on his behalf to interfere with the findings and conclusions arrived at by the courts below and consequently we do not find any case warranting interference by this Court has been made out. Appeal dismissed.
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