NEEM DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petitioner is facing trial for the offence under section 145 of the Customs Act. In brief, the facts are that from one truck No. G.J. 7T-7115 about 94 Kg. silver was recovered when it was proceeding from Barmer to Palanpur (Gujrat). The driver of the truck was Nimbarab and another person Bukhram was also sitting in it. These persons were arrested and in their statements they stated that the silver was sent by one Surajdan and Bhimaran and the present petitioner Nimdan had assisted in loading the silver in the truck.

(2.) It has been contended that Nimbaram and Bhukaram who were in the truck when the silver was recovered, have been released on bail by the Sessions Judge and the role of this petitioner is very minor, Silver was not recovered from his possession and it was only for earning some money that this petitioner associated himself with the transport of silver. Reliance has been placed on 1991 (R.C.C) 282.1

(3.) Learned counsel for the customs Department has contested this application and contended that this petitioner in his statement stated that earlier also he had worked for carrying of gold and silver from one place to another. Reliance has been placed on 1992 Crimes (iii) 9282 and 442.