TMI Blog1979 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... The van was found coming from the direction of Surat and it was driven by Balubhai Maganlal Patel, who was accused No. 1 before the learned Magistrate. Accused No. 2 Peshi alias Purshottam Chhaganbhai was accompanying accused No. 1 in the van. The van was registered in the name of one Manohar Pragji Vasani, who was accused No. 6. On search of the van, the Customs officers found silver ingots and pieces weighing 834.650 kilograms valued at Rs. 434,018 in secret compartments below the floor of the van. The van was followed by a Fiat car which was driven by accused No. 6. Accused No. 3 was accompanying accused No. 6 in the Fiat car. The customs officers stopped this car, but as nothing incriminating was found from the car, the accused Nos. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Nos. 1 and 2 were taking the van to Nani Daman to deliver them to accused No. 6. As stated above, accused No. 1 was driving the van. The van was followed by accused Nos. 3 and 6 in the Fiat car. The van was intercepted and silver was detected as already stated. On the above allegations, it is the prosecution case that the accused had committed offence punishable under Section 135 of the Customs Act. 4.All the accused were tried for the offence under Section 135 of the Customs Act before the learned Additional Chief Judicial Magistrate, Bulsar. Process could not be served on accused No. 6 and, therefore, his case was separated from the case against the other accused. In other words, trial proceeded only so far as accused Nos. 1 to 5 wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficials on the National Highway No.8 near Chikhli-Billimora Bulsar cross roads and on search of the van silver ingots and pieces weighing 834.650 kilograms valued at Rs. 4,34,018 were found from the secret chambers under the floor of the van. Accused No. 1 was driving the van, and accused No. 2 had accompanied him. Now, the question which we are called upon to decide is whether accused Nos. 4 and 5 are proved to have been involved in the transport of silver. The prosecution relies solely on the statements made by accused Nos. 1, 2 and 3 to bring home the charge against accused Nos. 4 and 5. Each of the accused Nos. 1, 2 and 3 had made two statements before the customs officials. P.W. 3 M.B. Jani, who was Superintendent of Customs at the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequent statement Exh. 78, accused No. 1 stated that under the instructions of accused No. 6 he and accused No. 2 went with the pick-up van to Surat at about 8-30 A.M. on May 4, 1970. According to accused No. 1 they had to take the van to the house of accused No. 4 from whom on previous occasions he had collected silver. The pick-up van was entrusted to accused No. 4 and accused Nos. 1 and 2 returned to Daman by train. Accused No. 1 further stated that he knew there were secret chambers in the pick-up van and that when he took the van to Surat to deliver it to accused No. 4, metallic yarn was carried in the secret chambers. Accused No. 1 has further stated that on May 5, 1970 he and accused No. 3 went by Fiat car to Surat. Accused No. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed No. 4 and it was to be delivered to accused No. 5. If the statements could be relied upon and conviction could be based on them, there is no doubt that there is a strong case against accused Nos. 4 and 5. The question, however, is whether we can rely solely on the statements to base conviction of accused Nos. 4 and 5. In Haroom Hajiv v. State of Maharashtra - AIR 1968 SC 832, the Supreme Court has held that a confession intended to be used against a co-accused stands on a lower level than accomplice evidence because the latter is at least tested by cross-examination whilst the former is not. The confessions of co-accused are not evidence but if there is other evidence on which a conviction can be based, they can be referred to as lending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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