NATHULAL Vs. STATE

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The petitioner had been arrested on June 4, 1992, for an offence under Section 135 of Customs Act, 1962. As per the prosecution case, one Kude Khan, resident of Jaisalmer, had handed over 314 Kg. silver to Mohd. Khan, Akbar Khan and Kamal Khan. The Custom Department, received secret information that these persons were sitting in Kalyan Hotel, Jaipur. On this information, the Custom Officers, went there and recorded the statements of these witnesses under Section 108 of the Customs Act. According to their statements recorded by the Custom Authorities, they had received silver to be handed over to the petitioner and that the same was delivered to him at Dudu. It was stated by them that for receiving amount they came to Jaipur and the petitioner paid Rs. 8 lac which were sent to Jaisalmer with Alam Khan.

(2.) AS per the prosecution case, the search of the house of the petitioner was made but no incriminating article was found. However, on the search of shop of one Mahesh, the Custom Officers, had seized 16.070 kg. silver and some currency notes.

(3.) ON the other hand, Mr. Gurjar, submits that the smuggling of silver in huge quantity is a serious offence and he should not be released on bail. He also submits that the statements recorded under Section 108 of the Act, are admissible and can be considered against the accused petitioner. He further submits that the petitioner was also involved previously in such nepharious activities as disclosed by the co -accused whose statements were recorded by the department under Section 108 of the Customs Act.