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1997 (11) TMI 102 - SC - CustomsWhether the entire case of the prosecution as against appellant is wholly unbelievable as there is nothing on record to connect him with the alleged occurrence? Held that:- In the present case several statements have been recorded under the Customs Act and marked as Ex. 23 to Ex. 31. They were all recorded on 2-2-1970. In the statement of Accused No. 1 he stated that PW 27 was driving the car of the appellant and he met him on the relevant date and requested him to bring gold from the vessel which was in the sea. He was also assured that he would be paid for the work by the appellant. He was instructed to bring gold near Jampore School. His statement implicates the appellant amply. His second statement was recorded on 3-2-1970 and the third on 11-7-1970. In the third statement he had stated that the machine for his boat was fitted with the help of the appellant and it was agreed between him and the appellant that the amounts payable for the work which he would do for the appellant could be adjusted towards the cost of the machine. According to him the appellant told him that if he had any work he would send a message through PW 27. The fourth statement of Accused No. 1 was recorded on 25-2-1972. The statements of Accused Nos. 2 to 7, 10 and 11 were also recorded on 2-2-1970. Accused No. 3 made a specific reference to the appellant. The statements recorded under the Customs Act have been duly proved by the concerned officials. The Courts below were satisfied that there was no threat or inducement and that the relevant provisions of law were explained to the persons who gave the statements. The statements were found to be voluntary and not vitiated in any manner. Hence, all those statements are admissible in evidence and it is clear therefrom that the appellant was guilty of the offences for which he was prosecuted. Appeal dismissed.
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