STATE OF MAHARASHTRA Vs. PRITHVIRAJ POKHRAJ JAIN

JUDGEMENT

(1.) This is an appeal by the State against an order of acquittal. Respondents 1 to 3, hereinafter referred to as accused Nos. 1 to 3, were tried by the Presidency Magistrate, 23rd Court, Esplanade, Bombay, for offences under Section 135(a), read with Section 135(i), and Section 135(b), read with Section 135(i) of the Customs Act, 1962, but they were acquitted.

(2.) Briefly stated, the facts are these. On 17th May, 1968, one M. S. Patil attached to Matunga Police Station as Sub-Inspector and who is now dead, received information before 8 a.m. that the three accused were in possession of stolen property or smuggled property and there about to transport the same. He along with S. G. S. I. Kulkarni and Mokashi, the then Inspector Police, went in a police jeep to Sion Circle and kept a watch. At about 9 a.m., they noticed a car bearing registration No. MRW-7631 proceeding from the north to south. The car was being driven by accused No. 1 and accused Nos. 2 and 3 were sitting on the rear seat. The police officers chased the car and intercepted it near Gandhi Market which is opposite Matunga Police Station. The car was taken to the Police station. Some packages and trunks were found in the car, on the opening of which 2,937 brand new wrist watches of foreign make and 46 watch straps were found. These articles were seized under a panchanama.

(3.) It appears that during the course of the seizure the police officers thought that the wrist watches and watch straps might after all be smuggled goods. Mokashi, therefore, contacted officers of the Central Excise and Customs Department on telephone and informed them that watches and watch straps suspected to be smuggled goods were at the police station. These officers came to the police station. The police officers handed over the wrist watches and the watch straps to the officers of the Central Excise and Customs Department and they again formally seized the articles. They also took search of the house of accused No. 1 and seized some empty tins and cloth bags found therein. The officers of the Central Excise and Customs Department also recorded statements of the three accused. In due course of time, a complaint was filed against the accused and they were prosecuted.