COSTAO FERNANDES PREVENTIVE OFFICER CUSTOMS Vs. STATE AT THE INSTANCE OF DEPUTY SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION BOMBAY

JUDGEMENT

(1.) THIS petition is directed against the order dated 8th June 1995 passed by the District and Sessions Judge, Panaji, in Sessions Case No. 4 of 1993 whereby protection under sections 106 and 155 of the Customs Act sought by the accused/petitioner was rejected by the learned District Judge.

(2.) FOR the purpose of this petition the bare facts involved in this case can be stated as follows:-

(3.) A little more details about the allegations made against the petitioner are necessary before proceeding further in this matter. It is relevant to note as to how the Goa Police were seized of the matter and proceeded with it before it was taken over by the C. B. I. On 16th May 1991 at or about 13. 10 hours P. S. I. Mohan Naik was at the police station when he received a telephone call from H. C. 1539 R. G. Prabhu, in-charge of police check-post Orlim stating that an unknown caller had called the Orlim Police Station and had informed him that the brother of Churchill Alemao by name of Alvarnaz Alemao was murdered near Pinto Bar at Varca. On receiving this information, P. S. I. Mohan Naik instructed H. C. 1539 R. G. Prabhu to rush to the place and verify the information. P. S. I. Mohan Naik made an entry in his station diary and also left along with the staff to that place after passing on the information to S. D. P. O. , Margao over the telephone. He was also informed by the S. D. P. O. that he was also rushing to the spot. P. S. I. Mohan Naik accordingly reached the spot at about 13. 30 hours. When he reached Guniawado P. S. I. Mohan Naik saw a Contessa white car bearing No. GA-02-A-4567. He made a thorugh examination of the spot and found lot of blood was fallen on the drivers seat and one helmet was lying on the back seat of the car. He could also see the handle of the headlight switch and indicator broken and fallen in the car. He also noticed blood stained palm print on the dicky top. He made local inquiries among the people who were gathered there and he found that one motorcycle of Hero Honda make bearing No. MMG-8546 of red colour had fallen on the road at Guniawado, which was about 150 metres away from the car. He also saw some glass fallen on the road and damaged. He found the ignition key of the motorcycle but he could not find the ignition key of the Contessa car, which was missing. On further inquiries by him from the local people he came to know that one Customs Officer, who was chasing the car driven by the deceased, was trying to stop the car and he succeeded in stopping the car when it reached Guniawado where the motorcycle had fallen. Then the said Customs Officer jumped into the car and tried to prevent Alvarnaz Alemao from proceeding further. P. S. I. Mohan Naik recorded as follows:-