LAXMI KANT DIXIT Vs. STATE

JUDGEMENT

(1.) Following a tip off the officers of the Customs and Central Excise Collectorate, Delhi, kept a vigil on premises "No. 510, Kucha Kabul Autar.Chandni Chowk, Delhi. On 19th January, 1970, at about 8.30 p.m. accused Laxmi Kant Dixit and Shankar Sahai were seen going inside the said premises. After some time they came out and proceeded towards Delhi Railway Station. Before they could enter the Railway Platform, they were apprehended by the customs officers. Their baggage and persons were searched in the presence of two independent witnesses. From their search 50 rectangular bars of gold i.e. 25 from each of them, weighing 10 tolas each, bearing foreign markings were recovered. The value of the recovered gold was assessed at Rs. 11- lakh. Some incriminating documents were also taken into possession. The accused could not produce the documentary evidence of owning or possessing the said gold. It was seized under Section 110 of the Customs Act.

(2.) The statements of the accused were recorded and in pursuance thereof their premises were searched. After completing the investigation a complaint under Section 135(b) of the Customs Act read with Section 85(ii),(iii) and (iv) of the Gold Control Act, 1968 was filed against both the accused.

(3.) Both of them denied that the recovery of the gold was effected in the manner alleged by the prosecution agency. After a full length trial the learned Additional Chief Metropolitan Magistrate, New Delhi believed the prosecution version and held both of them guilty of an offence under Section 135(l)(b) of the Customs Act and Section 85(ii) of the Gold Control Act.