TaxTMI 
TaxTMI 
TaxTMI 
2019 (11) TMI 1771
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....fession, or to compel restoration of property), section 341 (Punishment for wrongful restraint), section 342 (Punishment for wrongful confinement), section 348 (Wrongful confinement to extort confession, or compel restoration of property ) read with section 34 of the Indian Penal Code on the basis of a private complaint by appellant. 2. The facts in brief are that complainant Tejraj Roopchand Doshi was residing at 29, Nanabhai chambers, 5th floor, Gunbow Street, Fort, Bombay-400 001 with his wife and three sons, Bhupendra, Rajesh and Kiran. He had a shop at Bora Bazar Street, Mumbai and he was a cloth merchant. On 3.3.1993 complainant acquired 25 foreign marked gold bars, which, according to complainant, was acquired by him from one Mr.Mo....
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....plainant. At that time complainant and his wife were present in their house. Accused no.2 asked complainant to accompany him to D.R.I office, but as accused nos.1 & 2 did not assign any reason and they were also not having any summons, complainant refused to go with them. At that time, it seems accused no.1 threatened to handcuff complainant and parade him through the street and accused no.2 also pulled out a handcuff. Complainant, though he was unwell, accompanied accused nos.1 and 2 to the D.R.I office at Ballard Estate, Mumbai. When they reached D.R.I office, complainant saw accused nos.3 & 4 were also present. At that time, his servant Ramesh Mali was also brought there and while complainant tried to approach to speak to him, Ramesh Mal....
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.... addressed another letter to Director General of D.R.I, to which there was no reply. 6. None of these letters have been exhibited. There is one letter dated 19.7.1993 (Exh.P-5) from the Deputy Director D.R.I addressed to complainant disposing his representation dated 9.7.1993 in which it has been made clear that a copy of the gold import baggage receipt no.B-004478 dated 3.3.1993 has not been available to D.R.I and D.R.I has checked with Mr.Moidu, the alleged importer and seller of gold, and Mr.Moidu denied he had any gold dealings with complainant or his son at all. Deputy Director thereby rejected the representation as devoid of any merit. It is not clear what were the contents of the letter dated 9.7.1993. If complainant had any complai....
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....d had also filed an application for discharge claiming protection under Section 197 of Cr.P.C. and 155 of Customs Act 1962 and after deciding the application again the case was proceeded further. I have not been able to lay my hands upon the order deciding the said application. Complainant was examined before charge after which PW-2 & PW-3 were examined. PW-2 & PW-3 were also examined before charge. After the charge was framed, no evidence was led. 9. Having considered this appeal and the impugned judgment, the evidence and the documents, in my view, on merits itself the appeal cannot survive and therefore, I do not wish to even consider as to whether such a sanction under Section 197 of Cr.P.C. and under section 155 of Customs Act 1962 wa....
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....dent. Complainant says that he was allowed to go home by D.R.I at 8.00 p.m. and PW-2 who was a family doctor examined him at 9.30 p.m. In the certificate dated 8.7.1993 (Exh.P-7) issued by PW-2 he says that complainant was under his care for `pain on left tempero mandi bular, joint region. Pain and wound contusion on left cheek and blurring of vision on eyes on 7.7.1993'. He also says he advised complainant to go for further treatment and investigation in hospital. He does not say why he advised complainant to go to another hospital and what medication he prescribed. PW-2 agrees that tenderness is not a visible injury and so also the pain. PW-2 of course, also agrees that contusion injury is also possible by fall. PW-2 mentions about one w....
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....rs. On record is the summons under section 108 of the Customs Act 1962 (Exh.P-3). To summon a person and interrogating him would not amount to wrongful confinement or illegal restraint. At the time of writing the impugned judgment, the case against Bhupendra Doshi and Ramesh Mali by D.R.I. was still pending. The trial Court has also observed on the receipt Exh.P-4 that receipt talks about 42 bars whereas Bhupendra Doshi was caught with 25 bars and there is nothing to indicate that those 25 bars were part of the 42 bars alleged to have been legally imported. The Court has come to the conclusion that D.R.I officers were within their rights and law and there can be no wrongful confinement or illegal restraint. 14. The only witness to the enti....