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1979 (1) TMI 113 - SC - CustomsConviction of Sevantilal Karsondas Modi for an offence under Section 120B of the Indian Penal Code read with clauses (a) and (b) of sub-section (1) of Section 135 of the Customs Act 1962, and a sentence of rigorous imprisonment for a year recorded by the Chief Presidency Magistrate, Bombay Held that:- We would consider it extremely unsafe to regard the confession exhibit Z-383 signed by the appellant as having been made by him voluntarily and therefore trustworthy. The appellant, in our opinion, has shown the existence of circumstances which make it appear to the Court that the confession may well have been obtained in a manner which would bring it within the ambit of Section 24 of the Evidence Act, it being undisputed that the concerned officers of the Department of Customs were "persons in authority" within the meaning of that expression as used in the section. In the result the appeal succeeds and is accepted. The judgment of the High Court is reversed, the conviction recorded against and the sentence imposed upon the appellant by the learned trial Magistrate and upheld by the High Court are set aside and he is acquitted of the charge in its entirety
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