ANTAPALLI VENKATA RAMANA MURTY Vs. STATE

JUDGEMENT

(1.) This is a revision against the confirming judgment of conviction under S. 85 of the Gold Control Act, 1968 wherein the petitioners on trial were convicted and sentenced to undergo R. I, for six months.

(2.) Prosecution case is on 15-4-1974 some time during the night hours P.W.I. the then Superintendent of Excise and P. W. 2 the Inspector of Excise on suspicion got into the Madras-Howrah Mail. They searched the two petitioners and recovered 1500.500 grams of gold from both the persons. At 6 a.m. when the train reached Balasore station, the gold was seized. It is alleged that the petitioners made voluntary confessional statements which were recorded by the Excise Officials. After investigation, the petitioners faced trial and were convicted and sentenced as stated above. Plea of the petitioners in the trial was that no gold was, however, recovered from their possession.

(3.) Mr. C. A. Rao, learned counsel for the petitioners, while submitting his argument against the order of conviction, pointed out various infirmities in the prosecution case particularly in respect of seizure. Mr. Rao took this Court to the evidence of P.Ws. 3 and 5 in particular and submitted that because of the discrepancies in the evidence, it should have been proper on the part of the trial court to record an order of acquittal. Mr. Das, learned counsel for the State, on the other hand, supported the judgment of conviction.