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TMI Blog1970 (1) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... ch offence. The sentences of imprisonment are to run concurrently. His convictions and sentences were confirmed by the High Court, on appeal. 2.Chokshi was residing in Neeta Building opposite Marine Line, Railway Station, Bombay in a flat on the second floor. On April 5, 1963, Rane, Deputy Superintendent of the Excise Department with other officers went to make a search of his flat. He was authorised by Wagh officer Incharge of the Excise Department, to make this search under the provisions of the Gold Control Order. When Rane reached the door of the flat he found that the Panchas, who were to have met him there at the appointed time (12.30 p.m.), had not arrived. The door of the flat opened and two persons by name Chandchankar and Ashok ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with some yellow blocks lying near about the two bags. He also saw a pigeon lying near the two bags. He attempted to contact one Mody, Chairman of the Co-operative Society of the owners of the flats, but could not get his atones. He again tried and Mody came down to the flat of Kotak and saw two persons who were keeping watch on the building from the road end he called out to them. Patel thereupon shouted from the road telling them to go to the second floor and call Rane to the first floor from the second. In the meantime, Wagh, Superintendent of the Excise also arrived. They went and saw the two bags and the pigeon lying in the pit. Photographs of bags were found to contain gold slabs, some of which had fallen out. Meanwhile Mody came and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on. Chokshi naturally denied that he had thrown these bags, but he admitted that the other bag which was found in the balcony of Mody's flat was his. His explanation was that Chandchankar had probably thrown the gold since he was making enquiries about the price of gold from him. He admitted that the slips of papers on which the amount of gold was written were in his handwriting but he said that he had written them to find out the price of gold which presumably Chandchankar had for sale. 5.The High Court and the Presidency Magistrate have believed the prosecution case and have deduced on circumstantial evidence that it must have been Chokshi who threw the bags from the window of his lavatory at the back of the flat since it was directly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay that the weight of the gold pieces and the written account would tally. Further the finding of the third bag in the balcony of Mody's flat quite clearly demonstrated that the bag had come from someone in the house or belonging to the house because Chandchankar had no access to that bag containing over a lakh of rupees in currency notes. 7.Ordinarily this Court does not enter into questions of fact and we were most reluctant to do so but for a statement of Kotak that he had heard a movement in the flat above his own flat and had seen someone in the flat above his who was not the accused or any member of his family. Because of this statement it was argued that it might have been Chandchankar who had thrown the bags. However, the entire ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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