2000 (9) TMI 77

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....1, 4 and other witnesses recovered 198 gold pellets weighing 23.87 Kgs. of foreign origin. On the basis of it, charge sheet was filed against the respondents. However, the respondents denied the charges levelled against them and claimed to be tried. To substantiate the case, the prosecution has examined P. Ws. 1 to 8. M. Os. 1 & 2 & Exs. P-1 to P-6 (c) were got marked. 2.P. Ws. 1 & 4 speak about the information being furnished by R-3 and also going to the spot where R-1 & 2 were residing on that particular day and also about the seizure of gold of foreign origin. P. W. 2 recorded the statement of R-1 as per Ex. P-4. P. W. 3 is the Inspector of Customs. P. Ws. 5 & 6 are the panch witnesses who turned hostile when they were examined before....

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.... aware of the contents of Ex. P-1, the mahazar under which the gold is said to have been seized. Therefore, the evidence of P. Ws. 5 & 6 who are the independent witnesses is not available for the prosecution. It is no doubt true that the evidence of P. Ws. 1 & 4 & other witnesses who are connected with the Customs Department can be accepted if their evidence is otherwise believable. In view of this, it is now necessary to find out as to whether the appellant has established the case against the respondent. According to the case made out by the appellant, the respondent No. 3 informed the Customs Officers regarding the gold pellets being hidden by A-1 in the premises. They came all the way from Coondapur to the house where appellants 1 & 2 w....