ASSISTANT COLLECTOR OF CUSTOMS PREVENTIVE DEPARTMENT Vs. M N MOHAMED ABOOBAKER; S E MOHAMED NAINA; S A MUSTAFA AND S M ABDUL KHADER HAJIAR

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Chief Metropolitan Magistrate, Egraore, Madras, in C.C. No. 7197 of 1973.

(2.) The case of the appellant is that the fourth respondent who is the father-in-law of the first respondent was in occupation of premises No. 2, Taylors Lane, G.T. Madras. The appellant on receipt of a report that the respondents were in possion of contraband articles conducted a search of the said premises along with other officers of his Department on 13-7-1969. At the time of the search, the third and fourth respondents and some ladies were present in the house. While the search was in progress, the second respondent came to the house. During the search, they recovered 25 bars of gold of foreign origin (M.O. 1 series) each bar weighing 10 tolas. It is the further case of the prosecution that the gold bars bore the Foreign markings "Compagnie Metaux Precieux-Paris-10 Tolas 999.0", and they were found in a cloth covered packet kept concealed under the firewood in the kitchen. They also recovered from the living room a plastic hand bag containing 2481 grams of semi-precious stones in 19 packets (M.O. 2 series) and 1602 grams of semi - precious stones (M.O. 3 series) from an iron safe in another room. The officers also recovered Indian currency amounting to Rs. 10920/- from the house of the fourth respondent.

(3.) When the fourth respondent was questioned as to how the contraband articles came into his possission, he could not account for them properly. Hence on a reasonable belief that the goods recovered by the Customs officials were smuggled goods, they were seized under Ex. P-2. P.W. 3 Balakrishnan who was formerly working as Preventive Officer attached to the Customs House, Madras, conducted a search at premises No. 7, Patnool Sandusa street, Periamet which was in the occupation of the second respondent on 15-7-1969. The search resulted in the recovery of a letter Ex. P-9, a postal cover Ex. P-S addressed to the second respondent and a slip Ex. P.10 containing some Bank Addresses. These articles were seized under Ex. P-11.