1991 (9) TMI 206

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.... 112 of the Customs Act, the appellant has preferred the above appeal. 2. The brief facts of the case are that on 10-1-1987 at about 5.00 A.M. the appellant was apprehended by the officers of the Customs and Central Excise at Chetak Bus Stand, Udaipur and brought to the Division Office in an auto-rickshaw. A personal search resulted in the recovery of Indian currency of Rs. 2,55,000/- tied around his waist. In his statement the appellant disclosed that the money recovered from him was the sale proceeds of 10 gold biscuits which were given to him by one Shri Satram Das on 8-1-1987 to be delivered to one Shri Bhaghu Sindhi of Jodhpur and for delivering the gold biscuits to Shri Bhaghu Sindhi the appellant was to be paid Rs. 2500/- as remun....

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....ghu Sindhi. Therefore, it is not understood as to how the currency seized from the appellant can be said to represent the sale proceeds of smuggled gold. The appellant was produced before the Chief Judicial Magistrate, Economic Affairs, Jaipur on 12-1-1987. On 10-1-1987 itself a telegram was sent to the Assistant Collector of Customs, Udaipur by the son of the appellant wherein he had stated that his father was forcibly taken to the Customs Office. Another telegram was sent on 11-1-1987 to the same effect, as the appellant was not released by them. After release on 15-1-1987 the appellant got himself examined by a Government Doctor who furnished a certificate certifying the presence of injuries like bruises on the right upper lip, left wris....