1999 (8) TMI 391

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.... Act, 1962. 2. Brief facts of the case are that on 25-4-1991, the officers of the Customs Department intercepted a truck bearing No. RNQ 5727, which was driven by Chagan Dhan and Tane Rao Singh, alias Tane Singh, the appellant, was also sitting in that truck. On the search of the truck, 1,000 foreign marked gold biscuits weighing 116.640 kg. valued at Rs. 4,22,50,000/- were recovered. Shri Tane Rao Singh, the appellant, in his statement under Sec. 108 of the Customs Act, admitted that the foreign marked gold biscuits were smuggled from Pakistan to India by one Pak National, called Alia and this consignment was meant for Allar Khan, the appellant. He also stated that a week prior to the recovery, Alia asked Tane Rao Singh to assist h....

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.... some blank sheets while he was in jail. He, further, submits that the appellant, Allar Khan, was not present at the time of recovery and he is not concerned with the smuggling of the gold. He submits that the residential premises of the appellant was searched in his absence and no opportunity of cross-examination to the Panch Witnesses was granted to him. He submits that the only evidence against the appellant, relied upon by the adjudicating authority, is his statement; the statement of co-noticee and recovery of some pages of 'DAWN' newspaper from his residence. He submits that the appellant made a request to the adjudicating authority for comparison of his signatures in the statement with the signatures admitted, but this request was no....

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....lar Khan. He, further, submits that the truck was owned by Gobind Lal. He, therefore, prays that the appeal be dismissed. 8.  Heard both sides. 9.  In this case, the foreign marked gold biscuits weighing 116.640 kg. valued at Rs. 4,22,50,000/- were recovered from the truck and Shri Tane Rao Singh, was sitting in the truck along with the driver. Tane Rao Singh, in his statement, recorded under Sec. 108 of the Customs Act, 1962 admitted his role in carrying the smuggled gold to the residence of Allar Khan on the asking of Alia and Allar Khan for the remuneration of Rs. 5,000/-. In his statement, he also submitted that the gold belonged to Allar Khan. Allar Khan, the appellant, in his statement under Sec. 108 of the Customs Act....