C C NAGPURE Vs. MOHAMED LALIK HUSSAIN SHEIKH

JUDGEMENT

(1.) By the present appeal, the appellant Assistant Collector of Customs, Marine and Preventive Wings, Bombay has challenged the judgment and order of acquittal dated 1.02.1994 passed by learned Chief Metropolitan Magistrate, Esplanade, Bombay acquitting Respondent No.1 from the charge of commission of offences under Section 135(1)(b)(i) of the Customs Act, 1962 and under Section 85(1)(ii)(a) of the Gold (Control) Act, 1968. The said prosecution has emerged from the complaint filed by Assistant Collector of Customs, Marine and Preventive wings, Bombay, Shri C.C. Nagapure against Respondent No.1 of commission of such offences.

(2.) According to the said prosecution in pursuance of a confidential information received at Central Intelligence Unit, Marine and Preventive, Bombay Customs on 19.11.1987; PW 1 Shri Sudhir Kulkarni, Inspector of Marine and Preventive Customs at about 14.00 hours had been to Dadar T.T. in the vicinity of the Preetam Hotel. One officer and two peon were accompanying PW 1. Informant had also been to the said spot and he was present when PW 1 reached the said spot. The informant at that stage pointed one Suzuki Motor Bicycle parked in front of Hotel Preetam.

(3.) At about 15.30 hours, one person came near the motor bicycle who was with a sweetmeat box in his hand. PW 1 identified him as accused. He was apprehended. PW 1 asked him the name and other particulars and questioned as to what he was carrying in the sweetmeat box. He disclosed that the box contained some foreign marked gold bars. PW 1 asked him as to from whom he had received said gold. He replied that the same was given to him by one unknown person who had been to the said place and went way. Due to gathering of crowd, the accused was instructed to take the box and accompany them to office of Marine Preventive Customs at Everest House. According to the prosecution, two panchas were called at the place and along with them the said person was taken to the office of the PW 1. The box was opened in the office in presence of panchas and found containing 4 gold bars of 10 tolas each with foreign markings concealed in the 'Burfi' in the said box. The said person was not having any documents to show legal possession of gold. The same gave reason to believe of the gold being the smuggled gold and liable for confiscation under Gold Act. Gold of value Rs.1,50,000/ was seized under the panchanama. PW1 has written the said panchanama. The panch No.1 Shri Lalit Malkan read over the panchanama to other panch. He accepted the same and both of them signed the said panchanama and so also PW 1.