STATE OF MAHARASHTRA Vs. P G CHAVAN

JUDGEMENT

(1.) The respondent was the accused in the Court below and was tried by the learned Chief Presidency Magistrate, Bombay, for offences punishable under Section 135(b) read with Section 135(1) of the customs Act, 1962; under Rule 126-P sub-rule (1)(i) read with Rule 126-P(1)(i) of the Defence of India (Amendment) Rules and lastly under Rule 126-P(1)(10) of the Defence of India (Amendment) Rules read Rule 126-P sub-rule 2(ii) of the Defence of India Rules for being in possession of 125, slabs of foreign gold weighing 14580 gms. It was the case of the Prosecution that on receipt of information, a room situated under the staircase of house No. 86, known as Hukumchand House, 11, Cavel Street, Cross Lane, Bombay, was searched in the presence of the panchas and 125 slabs of contraband foreign gold were recovered from the room and attached under the panchanama Exhibit G.

(2.) The defence of the accused was that the room in question was not in his exclusive possession and he was not answerable for the contraband gold found therein. His suggestion was that 2 or 3 servants were residing and making use of that room and he was not aware of the existence of the slabs of gold seized by the Customs Officials.

(3.) On consideration of the evidence in the case, the learned Presidency Magistrate also took the view that the room in question was not found to be in the exclusive occupation of the accused and, therefore, he could not be said to be in conscious possession of the contraband gold in question. He, therefore, acquitted and accused of all the charges levelled against him and against that order of acquittal, the State has come to this Court in appeal.