1985 (5) TMI 59

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.... Inspector, Central Excise Department in Allahabad Division and Mirzapur also was within his jurisdiction. On 24-8-1971 he had gone to Mirzapur for surprise checking. On 25-8-1971 at 4.30 p.m. while patrolling on the road he found that some copper alloys circles were being carried on a cart from the rolling mills of Bihari Lal. Ram Prasad Upadhya (P.W.3), the Jamadar of the said rolling mill was accompanying the said cart. The Inspector (P.W. 1) stopped the said cart for the purposes of checking and demanded Gate-Pass from them. The cart-pullers handed over the Gate-pass to the said inspector who found that although the name of Amar Nath consignee was mentioned therein, yet his full address was missing. His address could not be supplied by ....

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..... 1) told Lavkush Kumar, accused-respondent that the goods in question had been seized by him so he should approach the higher authorities for getting them released. Lavkush Kumar, accused-respondent told the Inspector (P.W. 1) to wait for about ten minutes so that he could bring his father. Saying so Lavkush Kumar, accused-respondent left on his motorcycle. 3. The Inspector (P.W. 1) apprehending use of force on the part of. Lavkush Kumar, accused-respondent sent B.P. Misra, Inspector (P.W.2) to the Kotwali for police aid. He left for Kotwali. 4. In the meanwhile, Hari Mohan Prasad, Inspector (P.W. 1) remained sitting on the Gaddi of the firm where the alloys circles were weighed by him. At about 9.45 p.m. Lavkush Kumar, Dhan Prasad a....

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....leaded that the alloys circles in question were manufactured by Bihari Lal Umar Rolling Mills. On the day of occurrence, the alloys circles in question were sent by Lavkush Kumar, accused-respondent on a correct Gate-pass. It was further pleaded that the Inspector Hari Mohan Prasad (P.W. 1) was inimical towards the accused-respondents who filed a complaint against him much earlier to the occurrence in question. The Inspector (P.W. 1) was harassing them so they had filed a writ petition before the High Court seeking relief against the conduct of the said Inspector (P.W.1). They had also complained against the said Inspector (P.W.1) to the Central Government. It was contended that the accused-respondents were falsely implicated in the case du....

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.... the mill also did not say a single word against the accused-respondents. In this way there is the solitary statement of Hari Mohan Prasad, inspector (P.W.1) regarding the incident in question touching the offence charged against the accused-respondents. The said solitary statement in the above background of enmity has to be scrutinised with great caution. 11. According to the Inspector (P.W.1) he had seized the alloys circles in question and once the seizure had taken place, he was in lawful possession of the goods and as such if they were taken out of his possession forcibly, then the accused-respondents were guilty of the offences charged i.e. under Ss. 395 and 353, I.P.C. 12. The whole question, therefore, depends as to whether th....