RATTAN SINGH Vs. ASSTT. COLLECTOR CUSTOMS

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 6.8.1988 passed by the court of Additional Sessions Judge, Amritsar who dismissed the appeal of petitioner by reducing his sentence from two and half years to two years. The facts of the case are as follows :-

(2.) THE conviction has been maintained in view of the reasons given by the learned appellate court in paras Nos. 7 and 8 of its judgment, which are reproduced as under :-

(3.) THE statement made by a person before the Custom Officer is not hit by Section 24 of the Indian Evidence Act. It is established on the record that the petitioner was carrying 8 pieces of silver weighing 8.155 Kgs and it was found lying in the left tool box of the motor bicycle. Apart from that, 6 pieces of silver nighing 5.660 kg and 34.220 kg of silver, were lying sealed under the rear seat of the car. Further silver was recovered weighing 53.045 Kgs in the gunny bags. The total weight of the silver was 101.080 kg worth Rs. 3,03,240/-.