CHANDRABADAN BAVABHAI JADHAV Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THIS appeal arises out of and is directed against order -in -original bearing No. 10/Addl. Collr/1986 dated 29.1.86 (issued from file No. F.VIII/10/407 Addl. Collr./85) passed by the Addl. Collector of Customs (Preventive), Gujarat, Ahmedabad. The brief facts necessary for the disposal of the appeal may be stated as under : -

(2.) ON information that contraband gold was to be landed near the creek of Saronda Village, a batch of Customs Officers kept watch nearby spot. Late in the night, the Customs Officers noticed certain persons proceeding towards a boat and the persons on board the boat handed over one jacket each to those persons who had anchored the boat. Thereafter they heard firing and they also resorted to firing. The persons who had carried the jackets escaped taking advantage of the darkness.

(3.) DURING the investigation, it was found out that a boy of a village Tadgam had received a jacket containing gold lagdies and had handed over that jacket to his father. Kalan Patel sometime in the last week of May, 1985. Mohan Kalan Patel was the sarpanch of that village and he was found missing and he could be located only on 12.6.85 at Bulsar. On interrogation, he admitted the receipt of gold jacket. He handed over 38 gold lagdies to the Customs Officer, Shri M.D. Shah and kept two gold lagdies with him. The Customs Officer did not, however, draw any panchanama. On the other hand, the Supdt. Shri Shah distributed one gold lagdy of ten tolas to the sepoys who had accompanied him. Further he had also distributed two gold lagdies to Inspector of Customs Maroli and one gold lagdy to another sepoy of Maroli. In the follow -up action, the gold lagdies distributed to those persons were recovered.