TMI Blog1972 (9) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... Das of Delhi were attempting to smuggle Rupees 1,40,000 in currency notes in Rupees 100 denominations across the border. The appellant who is the owner of immovable and movable properties of substantial value was seen along with one Gopal Dass carrying a tin box and approaching a Customs-cum-police raiding party also termed as nakabandi party near the borders of Pakistan, a little distance away from the village Valtoha on the night of September 25, 1961 at about 9 p.m. When they reached the nakabandi point probably noticing the party in hiding they turned back and started running towards the house of the appellant and were chased by the nakabandi party. The appellant entered his house followed by the nakabandi party and was caught while in the act of concealing the tin box in a heap of wheat in the room where it was stored. In the tin box was found a package tied with a piece of twine in which 14 bundles of currency notes of Rs. 100 denomination were found. The persons comprised in the raiding party disclosed their identity, a seizure memo was drawn up. The witnesses of the seizure memo were Surat Singh, Milkha Singh, Hazara Singh and Natha Singh. Gopal Dass disclosed his identity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. According to him, the police party raided his house and recovered Rs. 1,40,000/- without a search warrant in spite of his protests about the high-handedness of the police who in order to save themselves cooked up the story and also arrested him of a cognizable offence under Section 411/414, I.P.C. 3.The Collector of Customs, Amritsar after he supplied the relevant documents to the advocate of the appellant recorded the evidence of Natha Singh and Harnam Singh who were both cross-examined by the advocate of the appellant. The case was adjourned to give an opportunity to the appellant for his defence. On June 26, 1963 the Collector of Customs, New Delhi ordered that the offending currency notes be confiscated absolutely under clause (6) of Section 167 of the Sea Customs Act, 1878 and he also imposed a penalty of Rs. 5,000/- on the appellant and Rs. 500/- on Shri Gopal Dass to be paid within one month from the date of the order. The Collector found that on a careful consideration of the evidence on record it was established beyond doubt that the currency amounting to Rs. 1,40,127/- was clearly attempted to be exported illicitly out of India and the attempt to take out was complet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him to be correct. In that statement after setting out his family history and the nature of his business he admitted that the amount which was recovered from him by the police, etc., was of currency notes of Rs. 100/- each amounting to Rs. 1,40,000/- in Indian currency notes, that these currency notes along with a small box made of tin were recovered in the presence of witnesses from Wheat's room taken into custody by police etc., under recovery memo, and that the amount of Rupees 1,40,000/- belonged to him, that Gopal Dass had no share in it, that he had given a statement to the Inspector of Customs in connection with the recovery of an amount of Rs. 1,40,000/- in the presence of witnesses and has nothing further to say and that that statement may be treated as correct. This later statement is clearly admissible in evidence because it was made to a Customs Officer and it is not alleged that the police were present at that time. Confessional statements made to the Customs Officer have been held by this Court not to come within the inhibition of Sections 24 and 25 of the Indian Evidence Act because Customs Officers are not police officers within the meaning of those provisions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts are sufficient to constitute an attempt by the appellant and Gopal Dass to smuggle the currency notes. Harnam Singh in his statement of 28th September, 1961 recorded by the Inspector of Customs at the village Dabipura in the presence of the Superintendent of Customs admitted that he joined the nakabandi party on 25th September, 1961 as a witness. He further stated that nakabandi was conducted at 8 p.m. about 100 yards from Jhugian Gurdial Singh which is near the Indo-Pakistan border, that after about an hour two persons were seen coming from Gurdial Singh and going towards the Pakistan border; one of the persons was a Sikh and was carrying a box; that when they reached near the nakabandi point they suddenly turned back and started running; that they were chased by the nakabandi party into the house of the appellant; that one of these two persons was the appellant, the owner of the house who was caught while concealing the box that he was carrying in the heap of wheat and that on an examination of the box Indian currency notes amounting to Rs. 1,40,000/- were recovered. He also states that the other person disclosed his name as Gopal Dass from whom Rs. 127/- and some addresses w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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