TMI Blog1980 (2) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... t the confessional statements made by the respondents before the Customs Officers (which are undoubtedly admissible in evidence) were fully corroborated by the witnesses mentioned above. On an overall consideration of the evidence, therefore, we are satisfied that the judgment of the High Court acquitting the respondents is vitiated by a clear error of law. The appeals are accordingly allowed and the judgment of the High Court is set aside and that of the Chief Presidency Magistrate convicting and sentencing the respondents, as indicated above is restored. - 114 and 115 of 1947 - - - Dated:- 5-2-1980 - S. Murtaza Fazal Ali and A.D. Koshal, JJ. [Judgment per : Fazal Ali, J.]. - These two appeals were by special leave are directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the learned Magistrate and also of the High Court. After conviction the respondents filed and appeal before the High Court which came to the conclusion that the prosecution case was not proved and accordingly acquitted both the respondents. Hence this appeal. 5. Put briefly, the case arose out of an incident which led to the recovery from both the accused, of a huge quantity of smuggled goods worth Rs. 15 lakhs which consisted partly of imported watches valued at Rs. 12.50 lakhs and partly of diacem antwerpen packed in 40 small cartons (each containing 20 sticks) worth about Rs. 2.50 lakhs. 6. The central evidence in the case consisted of the confessions made by the respondents before the Customs authorities, particularly P.W. 4, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olice and Customs Officers to witness the various recoveries wherever he was taken by the police. 8. We have gone through the evidence of P.Ws 1, 2, 4 and 9 who are the witnesses to the search and we find ourselves unable to agree with the High Court that there were any good reasons to disbelieve their evidence. On the other hand the fact that P.Ws. 2 and 4 were Customs Officials would be no ground to distrust their evidence unless there was any serious infirmity in the intrinsic merits of their testimony. The High Court made no attempt at all to consider the intrinsic merit of any of their deposition, an exercise which was called for particularly when the learned Magistrate had relied on the same and a number of other circumstances to ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(A-5) took the witnesses to the seashore near the edge of sea water and recovered a yellow coloured suitcase from a toney and that from inside the suitcase a number of wrist watches of foreign make valued at Rs. 1.50 lakhs and diacem valued at Rs. 50,000/- were recovered. Thus the, total value of the goods recovered at the instance of respondent No. 2 was Rs. 2 lakhs. The goods recovered were handed over by P.W. 1, Kulkarni, to the Customs Officers (P.W. 2 and others) under Panchnama Ext. B. Similarly Ext. C which is the recovery made at the instance of respondent No. 1(A-1) from a rocky island called Vasi Uttan is witnessed by P.W. 9 and P.Ws. 2 and 4, the Customs Officers. The articles recovered under Ext. C were also wrist watches and d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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