TMI Blog1962 (2) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... in the following words contained in his affidavit : "I have no business of my own. My business is carried only in the bazar looking at prospective sellers or buyers". The petitioner and his friend one Ratilal Kalidass Mehta were walking along the street near the Bullion Market Post Office at Madras, on 18th February, 1958. The petitioner told his friend that he had some diamonds to sell where upon the friend wanted to have a look at them. The petitioner took a packet containing 42 stones of diamonds and handed it over to his friend. Just at that time a van belonging to the Customs Department carrying customs officials passed that way. Ratilal was scared and frightened at the sight of the customs officials and returned the packet to the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Control Act, 1947. The petitioner sent an explanation on 17th March, 1958. Therein he submitted that the diamonds recovered from him were not illicitly imported, that he was only a broker, and that he purchased the diamonds from various persons with a view to sell them a small margin of profit. He further submitted that the diamonds were all 'old cut stones' previously used by others. The Assistant Collector of Customs gave a personal hearing to the petitioner on 29th March, 1958. The petitioner took time till 31st March, 1958, to prove his case namely, purchase from other dealers in the City. There was an enquiry on 31st March. 1958, by the Assistant Collector in the presence of the petitioner who was represented by Counsel. The stones wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition 4.The only contention urged by the learned counsel for the petitioner is that there are no materials to invoke the aid of Section 178A of the Sea Customs Act and that the burden of proving that the seized goods were contraband lay only on the Department. It is contended that the seizure of the diamond stones was merely on suspicion, that the stones might have been illicitly imported into the country, and that there were no materials at the time of the seizure to find a reasonable belief in the mind of the seizing officer that the goods were smuggled. It is incontrovertible that Section 178A of the Act can come into operation only where goods are seized in the reasonable belief that they are smuggled goods. It is not necessary to emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th respect, the distinction between belief and suspicion. (Shah, J. as he then was observed thus at page 232): "A suspicion can arise from the peculiar kind of movement on the part of the person who is suspected to be in possession of some smuggled goods. It may arise from the kind of dealing that a person might be having in regard to certain goods, which the Customs Officer might thereupon suspect to be smuggled. One may arise in the mind of the Customs Officer that any particular person is possessed of smuggled goods. A belief, on the other hand, cannot arise merely in the circumstances in which a suspicion can arise. A belief in the existence of a thing requires a more solid foundation that in the case of a mere suspicion. It may be base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted. An officer is however not prevented from entertaining a reasonable belief regarding the nature of the goods even in the very course of his interception of the offending persons and interrogation of that person, from the answers given by him. It is neither possible nor desirable to set out in any precise forms or formula which alone can afford any basis for the requisite of reasonable belief to be engendered by the officer on the question whether the goods are smuggled or not. 7.In the present case the petitioner was clearly trying to evade customs officials when he was caught handing over a packet of diamonds to his friend. If the diamonds were not contraband, there was no reason for Ratilal to have become frightened and to have del ..... X X X X Extracts X X X X X X X X Extracts X X X X
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