TaxTMI 
TaxTMI 
2004 (2) TMI 552
X X X X Extracts X X X X
X X X X Extracts X X X X
....-90 from a secret cavity inside the Ambassador car bearing Registration No. MMF-7628 which was intercepted by police officers on 6-10-90 and searched on the same date. 2. The brief facts are that in pursuance of information received that the appellant and his brother are regularly smuggling gold into India from ships berthed in the Harbour, the Customs officers searched the residential premises of both the brothers and office premises of M/s. Citizen Transport Company run by the appellant. No contraband was recovered from the residence of the appellant; electronic goods of foreign origin were recovered from the residence of his brother and electronic goods and one pistol and some cartridges of foreign origin were recovered from the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....and recovered some goods of foreign origin; that he knew that foreign marked gold bars were to be brought from Nhava Sheva and that he knew that his brother was engaged in illegal work; that the arrangements for bringing gold through ship from Dubai was made by his brother, that his brother (Shamsherali) was to transport the contraband in vehicles to Mumbai. Shri Shamsherali was identified as the driver of the Ambassador car in the identification parade held on 12-10-90. Investigation carried out revealed that the appellant was the main person controlling the syndicate of smuggled gold and that the appellant had gone to Nhava Sheva on 6-10-90 to receive contraband gold from the ship which had arrived from Dubai. Based on the above, show cau....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ded by the Customs Officers of this accused. To prove the same, they have examined P.W. 5 Kodalkar who was then serving as Superintendent in Marine and Preventive branch. According to this witness he recorded the statement of this accused for three days from 7-10 to 9-10. The said statement is produced in this proceeding. The defence Advocate took objection for admissibility of the document on the ground that said statement is inadmissible. But Customs Officers not being Police Officers, said statement is admissible in evidence. So it has to be seen whether that Confessional statement proves the guilt against the accused. As per the evidence of P.W. 5 Kodalkar this statement has been recorded for three days. Testimony of the witness has bee....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... voluntary statement of the accused. Accused filed a statement in writing under Section 313 of Cri. Pro. Code at Exh. 42 and alleged that on 6-10-90 in the afternoon he was taken away from his house by Customs Officer. He was assaulted there till he became unconscious and by ill-treatment his signatures were obtained on certain documents and he disclosed these facts to the Magistrate before whom he was produced on 9-10-90. On his request the learned Magistrate referred him for medical examination. He has denied that he gave any confessional statement. Along with list Exh. 43 a certified copy of order of Additional Chief Metropolitan Magistrate dated 9-10-90 is produced. The order mentions that accused produced before the learned Magistrate ....