2018 (4) TMI 1259 - HC - Customs

Customs Act appeal dismissed due to unreliable statements; acquittal upheld emphasizing need for untainted evidence

Assistant Collector of Customs (M & P) Bombay Versus Shri Kashiram Laxman Karade C/o. Shah Rupchan Tarakcahnd, Shri Jayantilal Virchand Shah, State of Maharashtra

Assistant Collector of Customs (M & P) Bombay Versus Shri Kashiram Laxman Karade C/o. Shah Rupchan Tarakcahnd, Shri Jayantilal Virchand Shah, State of ... Issues:- Appeal against acquittal under Section 378 of the Code of Criminal Procedure- Offences under Section 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act, 1962- Offences under Section 34 of the IPC and Section 85(i)(ii)(iii) of the Gold Control Act, 1968- Evidence evaluation based on statements recorded under Section 108 of the Customs ActAnalysis:The judgment by the High Court of Bombay pertains to an appeal filed by the Assistant Collector of Customs against the acquittal of Accused Nos. 1 and 2 for offences under the Customs Act, 1962 and the Gold Control Act, 1968. The case involved the apprehension of Accused No. 1 with foreign-origin gold biscuits and subsequent statements linking him to Accused No. 2, who was alleged to be involved in the smuggling activities. The prosecution contended that the statements recorded under Section 108 of the Customs Act were crucial evidence implicating both accused in the evasion of duty and contravention of customs laws.The prosecution argued that the trial court erred in disregarding the inculpatory nature of the statements and failing to consider them as substantive evidence connecting Accused No. 2 to the offences. However, the defense highlighted weaknesses in the evidence, pointing out that the reliance on the co-accused's statement alone was insufficient for conviction. The defense further emphasized that Accused No. 2 had retracted his statement, questioning the voluntariness and reliability of the recorded statements.The High Court scrutinized the evidence presented and evaluated the circumstances under which the statements were obtained. It noted discrepancies in the timeline of events, particularly the overnight detention of the accused before their formal arrest. The court concluded that the statements recorded under Section 108, while typically valuable evidence, lacked reliability in this case due to the questionable circumstances of their collection. With no corroborating evidence beyond the contested statements, the court dismissed the appeal and upheld the acquittal of Accused No. 2. The judgment underscored the importance of voluntary and untainted evidence in criminal proceedings, emphasizing the need for substantiated proof in establishing guilt beyond a reasonable doubt.