Voluntary customs statement and corroborating circumstances sustained conviction for foreign exchange offences; challenge failed.

A conviction under customs and foreign exchange laws was sustained on the basis of a voluntary recorded statement and corroborating circumstances. The Court rejected the claim that part of the statement had been inserted by officers, treating that challenge as an afterthought, and held that the use of the word "we" was consistent with joint conduct by the accused. The surrounding facts, including interception of the vehicle at odd hours, the appellant's presence in the car, recovery of foreign-marked gold chips from the dicky, and the conduct at interception, formed a complete chain of incriminating evidence. The conviction and sentence were therefore affirmed.

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Issues: Whether the conviction under the customs and foreign exchange laws was sustainable on the basis of the recorded statement and the surrounding circumstances.

Analysis: The recorded statement of the appellant was accepted as a genuine statement made before the Customs , and the challenge that part of it had been introduced by the officers was rejected as an afterthought. The Court also found that the use of the word "we" in the statement was consistent with the joint conduct of the two accused. Independently, the surrounding circumstances, including the interception of the vehicle at odd hours, the presence of the appellant in the car, the recovery of foreign-marked gold chips from the dicky, and the conduct of the accused at the time of interception, formed a complete chain pointing to guilt.

Conclusion: The conviction was upheld and the challenge to the sentence failed.

Final Conclusion: The appeal failed on merits and the findings of guilt under the customs and foreign exchange provisions were affirmed.

Ratio Decidendi: A conviction may be sustained on a voluntary customs statement read with incriminating surrounding circumstances, and a plausible challenge to one part of the statement will not dislodge the finding where the remaining evidence forms a complete chain of guilt.

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