TMI Blog1973 (10) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... and there is no case that a declaration has been made regarding it. That at least this domestic gold was subject to the declaration of Rule 126P(2)(ii) can be spelt out without straining language. Its possession is clearly an offence, as held by the courts below. The provision is plain that an authorised Customs official is entitled to examine any person at any time, at any place, in the course of an enquiry. Whether the statement was extracted by threat of harm, hope of advantage or improper inducement does not concern us as no such case is made out. Ex. 9 has been found by the High Court to be free from taint. We are not disposed to differ. Appeal dismissed. - 73 of 1970 - - - Dated:- 22-10-1973 - H.R. Khanna, V.R. Krishna Iyer and R.S. Sarkaria, JJ. [Judgment per : Khanna J.]. - The facts of the case have been set out in the judgment of my learned brother Krishna Iyer J. and not be repeated. 2. Two principal contentions have been raised on behalf of the appellant. It is urged in the first instance that the finding that the appellant was in possession of the gold bars with foreign markings recovered from his shop and of indigenous gold recovered from his residential ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction, the very day. An important component of fair trial is speedy hearing, and the deterrence of judicial punishment is diluted to the prejudice of public justice if, through dilatory hearings and ineffectual revisions unfortunate delays, such as mar this case, corrode the system and put the courts on trial before the community. 6. The criminal story here is short and the evidence adduced straight. The findings of fact are concurrent and the points of law fragile. The case has reached the Supreme Court on a certificate of fitness granted by the High Court. 7. One Shri Soni, the appellant herein, was engaged in bullion business, perhaps of a dubious character, because he appears to have attracted the attention of the customs authorities, who, undaunted by failure in one raid. Kept track of the dealer. Several months before the episode which materialised in the present case, a fruitless search of the flat of Shri Soni had been made. But on May 10, 1965 better luck smiled on P.W. 1, a preventive officer of the Department thanks to timely and accurate intelligence received, pursuant to which the officer, to the due accompaniment of the formalities of the law, moved into 59, Manoh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 107 of the Customs Act recorded from the accused (Ex. 9) and considerable argument turned on it in this Court. 10. Finding Ex. 9 a fatuous exercise in exculpation but containing some vital facts of incrimination, Shri D. Mukherjea, learned counsel for the appellant, inevitably but ingenuously staked a long argument on the unreliability of material elicited under environs of testimonial pressure and personal duress and the inadmissibility of quasi-confession elicited from de facto detainees by investigating officers who exercised powers substantially similar to those of police officers from Customs House premises. Confronted by the direct rulings on the point by the Privy Council and this Court, counsel frankly conceded that Ex. 9 was not strictly speaking a confession within the meaning of Section 24 and 25 of the Indian Evidence Act. He further agreed, quite fairly, that while customs officials possess almost all the investigatory powers and similar interest as police officers, still since this court has ruled that they are not police officers, the statement (Ex. 9) could not be blacked out under the Evidence Act. Moreover, learned counsel readily pointed out that at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile before the search of his business place from an unknown broker has to be dismissed as a desperate plea. More incredible is the version regarding the gold recovered from the house that it represented ornaments given to his wife by his mother, melted by her into a bar, and kept without his knowledge in the almirah of which he held the key. And the incriminating admissions in the rather naive Ex. 9 have been rightly relied on by the courts below and are obviously crushing in their probative impact. The rejection of the wholly improbable portions of the statement was permissible and has been properly done. There is other evidence also which justifies the conclusions of facts arrived at in the judgment under appeal. The shop from where the gold was got belongs to the accused's business and there is evidence for it. The bars themselves bear on their bosom evidence of smuggled source in the shape of foreign markings. The circumstances of the recovery not merely deepen the suspicion but clinch the conclusion. The guiltless pillows on which the appellant confidently sat, hid the offending gold and the pre knowing officers uncovered the contraband with a sure instinct and these facts ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in possession of gold. Indeed even a person, other than a dealer, shall not acquire non-ornament gold except as indicated in Rule 126H(2)(d). Certain rebuttable presumptions also are statutorily raised [vide Rule 126-I(ii)], and large powers of search and seizure vested in officers to make this restriction effective (Rule 126L). Rule 126P creates penalties for many acts and omissions, inter alia for failure to make a declaration as laid down in Rule 126-I. The High Court has taken the view that the obligation to declare does not cover smuggled gold. Even so, Rule 126P(2)(ii) penalises a person who has in his possession or under his control any quantity of gold in contravention of any provision of this Part, we cannot cut back on the width of the language used, bearing in mind the purpose of plenary control the State wanted to impose on gold, and exempt smuggled gold from the expression "any quantity of gold" in that sub-rule. That construction will stultify the law. There is no manner of doubt that the accused was in control of the indigenous gold recovered from his residence and there is no case that a declaration has been made regarding it. That at least this domestic gold was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at any time, at any place, in the course of an enquiry. Whether the statement was extracted by threat of harm, hope of advantage or improper inducement does not concern us as no such case is made out. Ex. 9 has been found by the High Court to be free from taint. We are not disposed to differ. 16. On the proved facts the gold bar is caught in the criminal coils of Section 135, read with Sections 111 and 123, Customs Act, as the High Court has found and little has been made out before us to hold to the contrary. 17. Guilt being established, the fifth act of the tragedy is reached. Social and economic offences stand on a graver footing in respect of punishment. The appellant's advocate pleads in elimination of the imprisonment that gold of considerable value has been confiscated, that his client has gone out of business (his licence having been cancelled) and the possibility of further mischief is absent, seven years of criminal proceedings have been a long ordeal deterrent enough to inhibit future anti-social adventures, and some jail term he has already undergone. Counsel submits that his client will now turn a new leaf if he is not returned to prison. We decline to be moved by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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