TMI Blog1990 (12) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... orage of contraband consisting of metallic yarn, synthetic yarn and synthetic fabrics etc. Appellants are full brothers and were doing business in the name and style of 'Cyril Wilson Co.' at Belgaum in the State of Karnataka. Pursuant to the discovery of the smuggling activities being carried on by the three brothers and their co-conspirators, the Customs Authorities apprehended the culprits. In the course of the investigation carried on by the Customs Authorities, statements of the appellants were recorded under Section 108 of the Customs Act, 1962. In these statements, written by the appellants in their own handwriting, they made a clean breast of their participation in smuggling activities. Along with their co-conspirators appellants w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 submits that the learned Magistrate was in error in holding that the Section 108 Customs Act statements were voluntary. In any case, he was in error in holding that these statements made out the guilt of the accused Nos. 17 and 20. With the first submission we are not inclined to agree. The statements were written down by accused Nos. 17 and 20 respectively in their own handwriting. This is not the only reason for inferring that the statements were voluntarily made. The learned Magistrate has commented about the differences and dissimilarities in the statements of the two accused as amongst themselves as also when compared with that given by their deceased brother accused No. 5. Agreeing with the learned Magistrate we hold that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im a sum of Rs.100/-. Accused No. 17 knowingly permitted the goods to be stored in the family godown. What would this solitary act make him guilty of? Knowing that several people were engaged in smuggling and that one of these persons was his own brother Marcelin, would not make accused No. 17 privy to any criminal conspiracy. Accused No. 17 would be guilty of no more than on one occasion allowing his godown to be used for the depositing and concealing of smuggled goods. This would render him guilty of the offence punishable under Section 135(b)(i) of the Customs Act, 1962. At the time the offence was committed, i.e. on or about 26-4-1969, the penalty provision read thus:- "Without prejudice to any action that may be taken under this Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 20, a careful scrutiny of the statement made by him reveals nothing which can be said to be incriminating. In fact, we have it from accused No. 17's statement that this accused i.e. accused No. 20, had beaten accused No. 17 when the latter inspite of his advice to the contrary had permitted contraband to be stored in the godown of Cyril Wilson and Co. That apart, accused No. 20 speaks of his going to Margaon quite often and there learning that Baba and his brothers Hussain, Ismail and Abbas being well known as smugglers at Margaon. Next, he speaks of learning that Marcelin had got a truck of contraband unloaded in the house of Sherkhan which house was in fact the family's godown. Thirdly, the statement makes a reference to accused No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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