Home Case Index All Cases Customs Customs + HC Customs - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 503 - HC - CustomsSmuggling - foreign currency - retraction of statements relied upon - prosecution of accused person - Section 137(1) of the Customs Act - HELD THAT:- On perusal of deposition of PW 1 and PW 2, it has come on record that no incriminating material was found either on the person of the accused no.2 or from his baggage. The only material is sought to be relied upon is his statement recorded on 24th March 1996 which is subsequently retracted. The Appeal is premised on the ground that the learned Chief Metropolitan Magistrate has failed to accord any weightage to the said statement wherein the accused has confessed that he had met one Gurmit Singh and he acted as a carrier for smuggling the foreign currency and he also agreed to accompany the accused no.1 who was to act as a carrier to ensure the safe delivery of the foreign currency at Dubai. Perusal of confession statement of accused no.2 would disclose that there is no warning in the form of intimation contained therein that the statement is likely to be used against him, the intention being the possibility of coercion or inducement while recording the said statement is to be ruled out. The Court is duty bound to examine whether the statement referred to as a confessional statement meets the test of truthfulness and being voluntary in nature. In absence of any independent material brought on record by the appellant, the Chief Metropolitan Magistrate was perfectly justified in acquitting the accused no.2 - In absence of any evidence corroborating the statement of the accused no.2 made before the Custom Officer on 24th March 1996 under Section 108 of the Customs Act, the statement in isolation do not warrant conviction, particularly when it is retracted with a plea of coercion. Appeal dismissed.
|