TaxTMI 
TaxTMI 
2009 (12) TMI 251
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....e aforesaid charge. 2. The case of the prosecution/petitioner is that a maruti car bearing No. DDQ-6910 was intercepted on 28-9-1988 by the officers of the Delhi Zonal Unit of DRI near Delhi-Haryana Border at Sarai Khwaja Check Post near Faridabad and escorted to the DRI office at Paryavaran Bhavan, Delhi On being checked, 200 foreign marked gold biscuits of 10 tolas each were recovered from the cavity of the Car which were in the possession of Diwan Singh Verma and Narender Pal Singh and further 79 Gold Biscuits were also recovered from the premises of Diwan Singh Verma. It is also submitted by the petitioners that from the residential premises of Diwan Singh some incriminating documents a....
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....its and therefore mere retraction of the said statement is of no help to the respondent. (c) That as regards to respondent no. 2, Kanchan Lal Aggarwal, on 29- 2-88, Rs.49,656/- being the sale proceed of smuggled gold were re covered along with six loose documents, which were the account of transaction of gold and payment through hawala. (d) That because respondent no. 2. Kanchan Lal Aggarwal had depos ited Rs.50,000/- with Sansar, which was adjusted to hawala trans action. One document showed the details of Rs.60,000/- which was brought by Moni from Mathura, which fact was corroborated by the statement of Moni. Karichan Lal Aggarwal in his statement denied his concern with Diwan Singh Verma, accused no. 1. (e) That on enquiries con....
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....nt no. 1 also submitted that he never brought Rs. 60,000/- from Kanchan Lal, Respondent no. 2. 6. It is the case of respondents that Shri Bulaki Das Aggarwal, the Presi dent of Sarafa Committee in Mathura was examined as DW -1 before the Ld. Trial Court wherein he categorically slated that the father of respondent no. 2 had a shop named M/s. Kanchan Jewelers in Mathura, dealing only in silver or naments and which did not deal n gold. He also stated that respondent no. 2 is doing business in Bombay in the name of MIs Kanchan Jewelers since 1987. He also stated that Respondent No. 2 has never done any illegal work and never dealt in gold at his shop. It is also stated that respondent no. 2 had made an ex culpatory statement wherein he stat....
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....m plaint to the police or any other agency regarding obtaining his signatures forcefully by the officers on the panchnaina Ex. PW9/A. I have considered the testimonies of defence witnesses i.e. DWI Bulaki Dass and DW2 Mont who is also accused no. 6 before this court. Coming first to the sanction and authorization which is Ex. FWIIB given by the collector of customs, Sh. B.S. Rastogi the record reveals that there is no dispute with re gard to the same. It is settled law by the Supreme Court in the case of State through Anti Corriipflon 8ureau v. Government of Maharashtra, (1996) 4 5CC 472 is that the court must also presume until the contrary is established that the said authorky will act fairly and objectively and accord the sanction onl....
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....given to the accused Kanchan Lat Aggarwaland Moni who are hereby acquitted. Their sureties stands discharged. 9. It is alter taking into consideration all these circumstances the trial court has been pleased to observe that the case of prosecution against both the respondents is highly doubtful and cannot be relied upon in the absence of any other independent evidence corroborating the statement made by respondent no. 1 and hence acquitted both of them. 10. This Court in the case of Vinod Kumar Sahdev v. Union of India - 2009 (4) JCC 2636; in the case of Abid Malik v. U.O.I - 2009 (5) AD (Delhi) 749; in the case of Harpreet Singh Bahad v. D.R.L Bail App.2211 /08 decided on 23-9-2009 as well as in the case of Vikas Mohan Singhal v. D.R....