PERCY RUSTOMJI BASTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the first accused, on certificate, is directed against the judgment of the Bombay High Court dated September 26, 1968, in Criminal Appeal No, 244 of 1967 confirming his conviction and sentence passed against him by the Presidency, Magistrate Mazgaon, Bombay for offences under S. 120-B, Indian Penal Code read with Section 135 of the Customs Act, 1962 (Act 52 of 19621 hereinafter to be referred as the Act) and also under Section 135 of the Customs Act in respect of the articles claimed to have been recovered from his possession.

(2.) The short point that arises for consideration in this appeal is whether Section 24 of the Evidence Act is a bar to the admissibility in evidence of the statement Ex. T. given by the appellant to the Customs Officers on a summons issued to him under Section 108 of the Act.

(3.) The appellant along with six others was charged under the sections mentioned above and after being found guilty was sentenced to undergo one years's rigorous imprisonment and to pay a fine of Rs. 2,000/- for the charges under Section 120-B Indian Penal Code read with Section 135 of the Act. He was also sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 2,000/for the charge under Section 135 of the Act. The sentences were directed to run concurrently. In default of payment of fine, he was also sentenced to undergo further rigorous imprisonment for the period mentioned in the Judgment of the Presidency Magistrate.