TMI Blog1994 (12) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... anch witnesses, when one of its two occupants came out of the said hotel along with the occupant of room No. 207 of Hotel Pallavi Indore. According to the complaint, the occupants of the said Maruti Car had earlier gone inside the hotel to contact the occupant of room No. 207 of the hotel. The persons occupying the said Maruti Car disclosed their identity as Pradeep Singh Walia (accused No. 1) and Harbhajan Singh (accused No. 3). It is alleged that officers of Customs and Central Excise enquired from them as to whether they possess any contraband gold in their possession, they are alleged to have replied in negative. It is further alleged that for safety and security, the aforesaid Maruti Car along with accused persons Pradeep Singh Walia, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shah. In his statement he has further admitted that he had been receiving smuggled foreign made gold from N.K. Jain through a man known as BABA. He is also alleged to have admitted that he had dealings of foreign made biscuits with N.K. Jain on telephone and, thereafter, person named as `BABA' had delivered 50 and 70 pieces of foreign made gold biscuits during the period August 1988 to Deepawali 1988. It is further alleged that after he sold the said gold biscuits, he made payment of Rs. 45,00,000/- to N.K. Jain, through accused Nos. 3, 4 and one Gyanchand. It is further stated in the complaint that this petitioner has admitted that Indian Air Lines Tickets produced by him were purchased by him in the name of R.K. Shah as per telephonic in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the principles enunciated in S. 245 Cr. P.C. Learned counsel further submitted that under S. 245 Cr. P.C., the learned Magistrate is only required to see if the evidence produced as contemplated under S. 244 Cr. P.C., if unrebutted, would warrant the accused's conviction. However, the learned Addl. Sessions Judge, while allowing the application has proceeded to see as to whether there is prima facie case against the petitioner. Shri Kulshrestha, in fairness, submitted that the statements made before the Customs Authorities by the petitioner can be taken into consideration for the proposes of framing charge. However, he contended that whatever has been stated by the petitioner in this statement as also from the statements made in the compla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner that the learned Additional Sessions Judge has totally misdirected himself. Even if it is established that the petitioner was knowing accused No. 3, this by itself cannot be a ground to connect him with the crime. Further, the submission of the complainant that the petitioner was involved in smuggling activities of contraband articles earlier, cannot lead to a conclusion that he was involved in the present crime. 8.I found force in the submission of Shri Kulshrestha. Having perused the entire record, I do not find any material to connect the petitioner with the crime and the material if unrebutted would warrant petitioner's conviction the learned Magistrate was right in discharging the petitioner. 9.In the result the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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