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1970 (1) TMI 29 - SC - CustomsWhether the two bags had been thrown from the flat of Chokshi or from the flat of any of the other tenants of the building and who could have thrown them? Held that:- It was obvious that whoever threw the bags had reasons to hide the gold at least temporarily while the search was going on. Chokshi naturally denied that he had thrown these bags, but he admitted that the other bag which was found in the balcony of Mody's flat was his. His explanation was that Chandchankar had probably thrown the gold since he was making enquiries about the price of gold from him. He admitted that the slips of papers on which the amount of gold was written were in his handwriting but he said that he had written them to find out the price of gold which presumably Chandchankar had for sale. All this clearly demonstrates that it must have been accused Chokshi who was responsible for throwing the bags. By throwing the bags he cannot get rid of the possession of gold which under the law makes him responsible under the Gold Control Act and the Customs Act. The High Court and the Presidency Magistrate righlty believed the prosecution case and have deduced on circumstantial evidence that it must have been Chokshi who threw the bags from the window of his lavatory at the back of the flat since it was directly above the place where the bags had fallen and in the course of falling has killed a pigeon nesting there. They disbelieved the version of Chokshi that it was Chandchankar who could have thrown the gold. The reasons given by the High Court in support of accepting the prosecution version are very convincing and, in fact, they leave no room for doubt whatever. Appeal dismissed.
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