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TMI Blog1972 (9) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -. This statement was recorded by U.S. Virdi, Inspector Preventive. It was signed by the appellant and admitted by him as correct. The statement bore the thumb impression of Natha Singh, Surat Singh and Harnam Singh and was attested by police officer Khemkaran. 2.Notice to show cause was issued to both the appellant and Gopal Dass to explain within ten days from the date of the receipt of the memo as to why the currency notes and the box which was used as a container should not be confiscated and why further penal action should not be taken under the aforesaid provision of law. As this notice could not be served on the appellant, subsequently a copy was given to the appellant through his advocate on March 31, 1962. The appellant in answer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce 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 completed when the nakabandi party intercepted the appellant while making an attempt to smuggle it out, when they chased him to his residence and that at the appellant's residence the currency notes were recovered. Against this order of the Collector an appeal was filed to the Central Board of Excise and Customs, New Delhi. That appeal was rejected after giving the appellant a personal hearing. A revision application was filed before the Central Government on March 2, 1965 which was also rejected on August 9, 1965. After waiting for nearly two years the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presence of the police. Even so on 28th September just before his arrest the appellant gave another statement this time to the Customs Officer B.M. Ray, Inspector Preventive, Headquarters (P & I) Amritsar and attested by M.R. Sachdev, Superintendent Technical, Customs, Amritsar. The statement was read over to the appellant and admitted 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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first statement to the Customs Officer. There is no suggestion throughout that statement that the confession made on the 25th September, 1961 was made to a police officer or in the presence of any police officers. 7.It is further submitted that the village of the appellant is 10 miles away from the border and that the nakabandi was only 100 yards away from the village towards the border and when the appellant is said to have been chased just before reaching the nakabandi, it cannot be said that he was attempting to cross the border. While no doubt the contention of appellant was that his village was 10 miles away from the border the Collector noted that according to the report it was very much less but in any case that fact was immater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 were recovered. He admitted that the statements of both the offenders were recorded in which they admitted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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