SUPERINTENDENT OF CENTRAL EXCISE Vs. A ARMUGAM PILLAI

JUDGEMENT

(1.) This is an appeal men miller Section 417 (3) of the Code of Criminal Procedure by the Superintendent of Central Excise. Nipani Town against the order of ac quitial of the six respondents. Accused 1 to 6, by the Judicial Magistrate, First Class. Chikodi. in C. C. No 987 of 19611 Kespon,dents 1 to 5 along with the absconding accused Kabir Maracair, wore charged wilth having committed offences under Section 135 of the Customs Act of 1962 and Rule 126 II (2) (ii) of the Defence of India Rules of 1962, and Section Section 23(1) (A) read with Section 8(1) of the Foreign Exchange Regulation Act, 1947 Respondent 6 Accused 6 was charg-ed with having aided and abetted accused 3 to 5 and absconding accused Kabir Maraeair in committing the said offences Thp learned Magistrate acquitted the respondents of all the charges. In this appeal, the legality and the correctness of the said acquittal is questioned by the appellant.

(2.) The prosecution case briefly stated is as follows: On 17-9-1963 at about 11 A M. respondents 1 In 5 and the absconding accused Kabir Maracuir were coming in a car MSX 367 from Kolhapur side with high speed. Al the Akol Check Post al Nipani. this car was stopp-ed by P W 3 Alamkhan P C 827 and Rama-chandra P W 14 a Central Excise Constable. Immediately, the absconding accused Kabir who was driving the car jumped from the seal and ran away. The car was searched and checked by the Central Excise Authorities P. W. I A. Farires Superinlendent of Excise in the presence of Panchas got removed the bolls fixed on the footboards and inside the Footboard he discovered six cloth jackets con-taining altogether 5.500 tolas of gold valued al Rs. 7,15,000 with foreign markings These were seized under a mahazar Ex. P-33. Thereafter the respondents 1 to 5 and the articles found in the car were taken to the office of the Assistant Collector of Central Excise Nothing incriminators was recovered from either the persons or the belongings of res pondents 1 to 5 But from Ihe suit ease be longing to Kabir. which was in the ear, a sum of Rs. 13,220 in c.asli was recovered The customs authorities recorded on different days al different stages a number of statements of res pondents 1 to 5 which have been marked as P 1 to P 21.

(3.) On 27-9-1968 respondent 6 (A-6) Krishnan was arrested while he was entering a Hotel Lakshmi Lodge in Ravapattah Road at Madras. Respondent 6 was the registered owner of the Car MSX 367 His statement Ex-P-7 was recorded A complaint was filed against respondents 1 lo 6. as stated earlier in the Court of the Judicial Magistrate, First Class, Chikodi. As Kabir was not apprehead-ed and was absonding, the trial proceeded only against A-1 to A-6.