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TMI Blog1999 (9) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Mohd. Illyas Kureshi, the Driver and one Shri Ayub Khan were found sitting in the Maruti Van at the time of interception. On search of the Maruti van, 8 gunny cloth bags lying at the back side of rear seat were noticed. On opening the bags they were found to contain silver chaursas. The Maruti van was brought to the Police Station at Pali. On opening the 8 gunny cloth bags 294 silver chaursas weighing 252.177 kgs. valued at Rs. 17,88,944/- were recovered. Shri Ayub Khan and Shri Mohd. Illyas could not produce any evidence of lawful acquisition of the recovered silver chaursas. The silver chaursas appeared to have been smuggled, therefore, they were seized in the reasonable belief that they were liable to confiscation. 2. Stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one Mohd. Nazir Sindhi who was his neighbour and cousin informed him that Rikab Chand had a deal of 100 silver billets (each weighing 30 to 32 kg.) with one Dilip Jain alias DD of Bombay and Rikab Chand had entrusted him that task of converting billets into chaursas and to distribute further; that on 17-9-1992 he along with Shri Mohd. Nazir Sindhi brought 10 silver pattas (out of 100 silver billets hidden in the farm of Noor Mohd. Memon) in Maruti van and gave the same to three refiners for converting into chaursas; that these converted silver chaursas were subsequently carried for Shri Rikab Chand and Shri Mohd. Nazir Sindhi; that on 27-9-1992 as there was a raid on Shri Rikab Chand's premises; he transported the same converted chaursas by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd was found; that on 26-9-1992 he sent the 294 silver chaursas wrapped in 8 gunny cloth bags by Jeep for delivering to Shri Labh Chand Golecha; that he dialled Shri Labh Chand and informed him accordingly. He corroborated the statement of Shri Ayub. He stated that after seizure he gave the Bill No. 152, dated 26-9-1992 to Shri Labh Chand Golecha and sent a forged post dated letter to M/s. Saraf Heera Chand Motilal enclosing the belated bill and made necessary entries in his registers and account books; that Shri Labh Chand belatedly produced this bill to the Department for claiming genuineness of transaction. He also stated that he had employed a Munim Shri Raghuraj Hiralal Gehlot. Shri Raghuraj in his statement dated 7-12-1992 stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended to be with the Court however when the matter was taken up with the Court, the same were not found with the Court. He submitted that information was available with the Police authorities and nakabandi was also organised by the Police authorities. Therefore, there was no reasonable belief available with the Customs authorities to hold that the silver in question was smuggled silver and liable to confiscation. He submitted that there was no foreign markings; that most of the pieces were weighing less than one kg.; that almost all smuggled silver billets weighed between 30 kgs. and 32 kgs. He submitted that two persons found in the Maruti van remained in the custody of the Customs and Police and were produced in the Court after 60 hours; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b Khan and Shri Labh Chand Golecha that these chaursas were made out of 10 billets of smuggled silver; that they were converted into chaursas weighing 1 kg. or less only to wipe out foreign markings and confusing by the weight of chaursas vis.-a-vis. billets. He submitted that thus the smuggled nature silver is established. On the question of retraction ld. DR submits that retraction was a belated one and therefore, belated retraction cannot be relied upon. 7. Ld. DR submitted that the Bill Nos. 152 and 39 on investigation were found to be fake documents and therefore, have rightly be disbelieved. He submitted that thus the smuggled nature of silver is established, the part played by Shri Rikab Chand Ratanlal Jain has been clearly bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wealth of data and thus the statements cannot be just ignored simply because the persons were with the Police or Customs authorities over a period of time. The statements no doubt have been retracted but the retraction is a belated one and thus the statements have been correctly relied upon in so far as coercion or torture is concerned, there is no evidence placed on record to show that there was any medical examination etc. of the witnesses who gave this statement. In so far as the documents produced for purchase of the chaursas are concerned, we find that the detailed investigations were conducted as to the genuineness of the documents and the investigations revealed that the documents i.e. Bill No. 152 and 39 were fake documents and wer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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