PUBLIC PROSECUTOR Vs. AVVARU ANNAPPA

JUDGEMENT

(1.) This appeal by the State is preferred against the judgment of the Principal District Munsiff Magistrate, Vijayawada in C.C. No. 396 of 1965 acquitting the accused of the charge of being in possession of 11 gold slabs at about 4.20 A.M. on 10-1-1965 on the Vijayawada railway platform, holding that the prosecution has not proved the guilt of the accused beyond reasonable doubt.

(2.) The case for the prosecution is that the accused who got down from the Janata Express proceeding to Madras on Vijayawada Railway platform at 4-20 A.M. on 10-1-1965, was found to be in possession of 11 gold slabs sealed in a cloth belt like a bag tied round his waist under his clothes on being searched by P. W. 1 the Deputy Superintendent of Central Excise, Vijayawada in presence of P. W. 2 the Assistant Station Master, Vijayawada Railway Station. M. Os 2 to 12 are the gold slabs which were seized from the accused under Ex. P-1, the mahazar prepared by P. W. 1 and the same on being tested, were found to be of 24 carats. The accused who was taken to the Central Excise Office between 11 A.M. and 12 noon. has made a statement Ex. P-2 to P. W. 1 admitting his possession of M. Os. 2 to 12, weighing about 110 tolas without a permit while he was coming that Khazipet, and that he was getting the same for his personal use. P. W. had taken one of the slabs marked M. O. 12 to the mint at Bombay and got is tested by P. W. 7 the Deputy Chief Assayer, I. G. Mint, Bombay, who on examination, found the sample to be containing gold in purity of 9990 and issued the certificate Ex. P-8.

(3.) The accused was arrested and produced before the Magistrate who remanded him to custody. The Deputy Collector of Central Excise, Guntur adjudicated the case and confiscated the gold to the Central Government under Ex. P-3. The Collector of Central Excise and Customs Hyderabad passed Ex. P-4. the order sanctioning prosecution of the accused under Customs Act, 1962. Ex. P-5 is the sanction to prosecute the accused under Defence of India Rules (Gold Control) 1962.