TMI Blog1994 (8) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... -363 driven by Sh. Ganpat Singh and in which Sh. Tikam Chand Jain, Sh. Rajender Kumar and Sh. Sanjay Jain were sitting, on the ground that the amount represents the sale proceeds of foreign marked smuggled gold. 2.The brief facts of the case are that on 21-2-1989 the Preventive Officers of the Customs Department, conducted a nakabandi on Jaipur-Ajmer road near Bhakhrota and apprehended Car bearing No. RNH-363 which was driven by Sh. Ganpat Singh. The other occupants of the car were Sh. Tikam Chand Jain, Sh. Rajender Kumar and Sh. Sanjay Jain, all residents of Ajmer. Personal search of all the four persons was conducted but did not result in recovery of anything incriminatory. Search of the car revealed three cavities - one cavity on the u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the past six months with the appellants firm and on 21-2-1989, when he had come to the shop, Sh. Tikam Chand asked him to go to Jaipur alongwith him and Sh. Sanjay Jain and Rajender Kumar and on reaching Jaipur, Sh. Tikam Chand contacted Sh. Ram Soni over the telephone and while he was waiting for him, the Customs Officers intercepted the car and recovered the Indian currency therefrom from a secret cavity therein. The statement of the driver was corroborated by the two other occupants namely Sh. Sanjay Jain and Shri Rajender Kumar. 4. Sh. Ram Soni stated that he only knew Sh. Bhag Chand and not other persons and about 5 days prior to the date of search and seizure, he had fixed up a transaction of 5 kgs of rough silver and had telephoni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heavy reliance on the statement of Sh. Tikam Chand, discarded the defence that the money was accounted for in the cash book of the appellants firm holding that the same was made subsequent to the seizure on 21-2-1989 and passed the impugned order of absolute confiscation of seized currency. He however, ordered release of the car. Hence this appeal. 8. Shri G.K. Rana, learned Advocate submits that the statement of Shri Tikam Chand Jain was not a true and voluntary one and was immediately retracted by him in the Court when he was produced before the Judicial Magistrate; the statements of the other occupants of the car and Shri Bhag Chand do not establish that the currency was the sale proceeds of smuggled gold of foreign origin; that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash book entries and holding that the entries relating to the seized currency were made subsequent to the interception of the car from which the currency was recovered. He therefore, submits that the case against the appellant stands proved. 10.We find that the case of the department rests principally on the statement of Sh. Tikam Chand recorded on 21-2-1989 in which he admitted that the currency represented sale proceeds of foreign marked gold sold by his nephew Sh. Bhag Chand at Ajmer and that the money had been given to him for purchase of gold biscuits from Sh. Ram Soni of Jaipur. We note that this statement has been retracted before the Magistrate on the very next date i.e. 22-2-1989. From the statement of Shri Ganpat Singh, the dr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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