GYANOBA YASWANT JADAV Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) These three appeals arise out of three writ petitions which were heard at the same time although separate judgments have been pronounced therein. They arise out of the same transaction. Some of the questions raised and argued in these appeals are common.

(2.) The appellant in Writ Appeal No. 321 of 1968 impugns the validity of the order of the Collector of Customs whereby a penalty of Rs. 25,000 has been levied. The application made by the petitioner under Article 226 was rejected by our learned brother Ekbote, J., who dismissed the other writ petitions also. Hence the appeals.

(3.) On 7th September, 1963, the movements of two persons, who on detraining at Sanathnagar Station, were found to be going along the Railway track towards the signal post, excited the suspicion of the Customs authorities who appeared to have been previously alerted about their arrival. They were detained and interrogated and a search followed. One of the two persons called Sare Veerayya, was found to be carrying ten slabs of gold each weighing ten tolas. The gold slabs were concealed in a cloth bag tied round his waist. His answers when he was interrogated and also his statements were recorded. He gave a detailed version of his antecedents; his employment in the firm of Ramachander and Co., his trip to Bombay along with Lakshminarayana, their errand at Bombay, the purchase of gold at that place end their return journey. It was almost at the journey's end that be was apprehended along with his companion and the search revealed the secrgted gold ties to his waist.