Home Case Index All Cases Customs Customs + SC Customs - 1972 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1972 (2) TMI 37 - SC - CustomsConviction of the appellants under Section 135 of the Customs Act, 1962 and Section 23 of the Foreign Exchange Regulation Act, 1947, challenged Held that:- Apart from statement Ex. 17 which was written under the supervision of Robb P.W. and was signed by him shows that statement Ex. 17 represents what had been stated by the appellant we find that the other circumstances of the case clearly point to the guilt of the appellant. Evidence of Wagh P.W. shows that the appellant was found present on the back seat of the car from the dicky of which gold was recovered. It is also in evidence that the said car before the recovery of gold was brought at an odd hour of 2 a.m. and taken on the kutcha track towards salt pans near Bassein bridge. The car was thereafter parked on the kutcha track near that bridge and its engine was kept running. After the car was intercepted the Customs Officials interrogated the appellant and Wali Mohammad accused. No statement was then made by the appellant that he did not know about the presence of gold in the dicky. The fact that the mud on the gunny bags was wet shows that the gunny bags had been placed on the dicky shortly before they were examined by the Customs Officials. All these incriminating circumstances, in our opinion, clearly point to the guilt of the appellant. We are satisfied that the conviction of the appellant was fully justified. Appeal dismissed.
|