TMI Blog1986 (5) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... pal has filed an application dated 17-12-1981 under old Section 131 of the Customs Act to the Government of India against the Board s Order No. 123 of 1981 (F No. 1/144/70-CXV(A)/AU(A) dated 13-3-1981 confirming the order No. Cust/5/70(ll/69) dated 16-3-1970 of the Collector of Central Excise Customs, Nagpur. This application has been transferred to the Tribunal under Section 131B ibid and is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict and Sessions Judge, Indore who acquitted the appellant on a charge under Section 85 (ii) of the Gold (Control) Act. 3. Shri S. Senthivel has opposed the submissions of the appellant. He has drawn our attention to the Board s order which has met the aforesaid arguments of the appellant. These are that the recovery was made at a crowded place and there .was no enemity towards the appellant an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AIR 1973 Supreme Court 2783 in which the Supreme Court held that the deposition of an officer in uniform can be accepted, as an evidence unless there is a hostility on his part against the accused. Shri Senthivel submitted that this judgment was based in respect of a criminal case where the Evidence Act was applicable while in the present case the Evidence Act did not apply and hence the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an aspersion has been cast on the veracity of the panch witnesses, there is no reason for such aspersion. Indeed, as argued by the learned S.D.R., there was no reason for the Customs Officer to pick up on the appellant from all the passengers who were travelling by that train. No such hostility has been alleged against the Customs Officer. Therefore, the plea of disowning the recovery is not accep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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