2003 (5) TMI 539

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....n ORDER 1. Heard Shri Mahendra Singh, counsel for the appellant and Dr. Shamsuddin, DLA for the respondent. In the order under appeal a penalty of Rs. 2.50 lakhs has been imposed on the appellant and Rs. 7 lakhs seized from the scooter of the appellant has been ordered to be confiscated. The appellant, according to case of the Enforcement was intercepted on 18-4-1990 by the officers of Enfor....

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.... also gave details of Mohsin Gavai who was school friend of the appellant from school days. Mohsin Gavai of Muscal engaged the appellant on commission. He also further stated that persons came to his home to collect payment by producing slip wherein some code number was written. Details of the payment to 5 persons were also given in the statement, loose sheets were explained. It appears that on 20....

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....haran Kurmi v. State of Bihar AIR 1964 SC 1184 whereas Dr. Shamsuddin has placed reliance on Naresh J. Sukhwani v. Union of India 1996 SCC (Cri.) 76 wherein Hon'ble Supreme Court held that statement of co-accused making inculpatory statement against himself and another co-accused is admissible against the co-accused. This decision is under Customs Act but the ratio of the decision can be applied i....