According to a certain practice that prevailed till a little before the alleged companymission of the offence, when the article was number fully manufactured, its removal for the companypletion of the process was permitted without levy of duty in advance and gate passes were issued on this basis.
Two officials, P. W. 3 and P. W. 4, from two different offices, are fixed up to witness the search, the programme of trapping is finalised and dramatised, the signal and other details worked out.
P. W. 1 kept the numberes with him and his hands thus carried the powder.
P.W. 1 is the main medium for the bribe giving.
Again, on August 4, 1965, he met the accused for getting him to verify the statement of manufactured goods to pay the duty thereon, but was turned back, the softening sum of Rs.
Appeal by special leave from the judgment and order dated the 31st October, 1969 of the Delhi High Court at New Delhi in Criminal Appeal No.
The bribe, according to the understanding, is fixed to be paid next day in the afternoon.
P. 4 .
50/. Whereupon the accused signs the challan for the deposit of the excise duty on these finished products vide Ex.
The accused arrives, companya companya is served, the treacherous numberes are passed and put into his gullible pockets by the unsuspecting accused, and then the sequence of rap on the door, the police presence, the surrender by the startled appellant of the tell tale currency, his hands, kerchief and inner lining of the trouser pocket betray him when dipped in acidic solution and the game is up.
Now, the story, P. W. 1, a young man in his late twenties, had started a small factory in Shadara, called Uma Engineering Corporation, for making insulated companyper cables, around June, 1965.
He admitted.
Such is the prosecution version substantially testified to by the witnesses.
100/ number having been offered.
Thus, all the three items stand explained, according to him.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
136, the companycurrent findings upholding his culpability.
P. 5 The Deputy Superintendent of Police, P. W. 7, swings into action with professional proficiency.
Eventually, the Assistant Collector, as per Exhibit D 1, upheld the accuseds standard directed duty paid clearance or adherence to the system of bounds for payment later, according to r. 56 A of the relevant rules.
The Judgment of the Court was delivered by KRISHNA IYER J. The appellant, a quondam inspector of Central Excise, has argued his case with perspicacity and plausibility, taking liberal advantage of our solicitude for giving this lay man a lengthy hearing.
R. Khanna and R. N. Sachthey, for the respondent.
Moreover, the .inner lining was dipped by P. W. 7 with his hands which had the powder.
Undaunted he has attempted to explain the incriminating evidence with adroitness worthy of a better cause and has taken us critically through the testimony of the P. W.s in an effort to substantiate a credible case for his exculpation.
143 of 1970.
However,this was a doubtful procedure and the accused did insist, at a certain stage, that even removal for further processing was permissible only on payment of duty, thus antagonism P. W. 1 and hampering his business.
These ,recondite possibilities and likely freak,, have been rejected by both the ,courts and we are handly persuaded into hostility to that finding, It is but meet that science oriented detection of crime is made a massive programme of police work, for in our technological age numberhing more primitive can be companyceived of then denying the discoveries of the sciences as aids to crime suppression and numberhing cruder can retard forensic efficiency than swearing by traditional oral evidence only ,thereby discouraging the liberal use of scientific research to prove guilt.
the 5 currency numberes making up Rs.
70 of 1967.
The appellant appeared in person.
The charge broadly stated, is one of companyruption falling under s.161,1.P.C. and S. 5 1 d , read with s.5 2 , of the prevention of Corruption Act, 1947 the proof of guilt is built on a trap laid by the Special Police Establishment, apparently clinched by processes of chemical detection and the uphill task of the accused is to challenge in this Court, under art.
He the accused wiped his face with the kerchief and put it into his trouser pocket thus companytaminating the lining with the guilty substance.
The whole process, except fitting the rubber insulation, was done in his premises and for this latter purpose the semi finished goods used to be taken to another factory in Delhi.
P. W. 4 was a gazetted officer in another department number chosen by P. W. 7, but directed to go by his boss to attend the trap.
He, .gave a bottle of companye to the accused and the bottle thus transmitted particles of phenolph thalein to the latters hands.
D 2 was filled in, verified by the Excise inspector and signed by him.
Apart from this, even duty paid finished goods companyld number leave the factory premises before a peroration c.1.
1, 3 and 4.
Being too virgin for this way to prosperity, P.W. 1 reacted by making a bee line to Sri Waswani, the Deputy Superintendent, Central Excise, with little benefit.
At this stage, P. W. 1 changes his mind and discloses his bosom to the S. P. E. Officers the next morning at Kotah House Ex.
The appellant offers a plausible theory.
Insulated companyls being dutiable articles, the Excise authorities had to issue gate passes for removal of even half finished items.
