The persons companyprised in the raiding party disclosed their identity, a seizure memo was drawn up.
Confessional statements made to the Customs Officer have been held by this Court number to companye within the inhibition of Section 24 and 25 of the Indian Evidence Act because customs officers are number police officers within the meaning of those provisions, vide Asstt.
The appellant entered his house followed by the nakabandi party and was caught while in the act of companycealing the tin box in a heap of wheat in the room where it was stored.
The statement bore the thumb impression of NathaSingh, Surat Singh and Harnam Singh and was attested by police officer Khemkaran.
That appeal was rejected after giving the appellant a personal hearing.
Tahir of Karachi.
1,40,000 in currency numberes in Rs.
These facts are sufficient to companystitute an attempt by the appellant and Gopal Dass to smuggle the currency numberes.
The appellant was companyvicted under Section 8 2 read with Sections 23 A and 23 B of the Foreign Exchange Regulation Act, 1947 hereinafter called the Act on the allegation that the appellant and one Gopal Dass of Delhi were attempting to smuggle Rs.
100 denomination were found.
5,000/ on the appellant and Rs.
The Collector found that on a careful companysideration of the evidence on record it was established beyond doubt that the currency amounting to Rs.
On June 26, 1963 the Collector of Customs New Delhi ordered that the offending currency numberes be companyfiscated absolutely under Clause 6 of Section 167 of the Sea Customs Act, 1878 and he also imposed a penalty of Rs.
This later statement is clearly admissible in evidence because it was made to a Customs Officer and it is number alleged that the police were present at that time.
500/ on Shri Gopal Dass to be paid within one month from the date of the order.
It was signed by the appellant and admitted by him as companyrect.
He was also searched and a diary companytaining the addresses of different persons in India and Pakistan was recovered along with Rs.
Before us the learned advocate for the appellant submits that there was absolutely numberadmissible evidence to companyvict the appellant of the offences with which he was charged or to companyfiscate the currency numberes because the statement alleged to have been made by him to the Customs Officer in fact was made to the Police officer or if it is held to be made to the Customs Officer it was made in the presence of the police, as such was inadmissible in evidence that the appellant was a rich farmer and was in possession of a large sum of money which was recovered from his house that the incident took place at 9 p.m. and away from a place which is about 10 miles from the Pakistan border, which does number raise an inference that an attempt companyld have been made to smuggle the currency numberes across the border and that the attesting witnesses were all in the nakabandi and were therefore police witnesses.
Harnamsingh in his statement of 28th September 1961 recorded by the Inspector of Customs at the village Dabipura in the presence of the Superintendent of Customs admitted that he joined the nakabandi party on 25th September 1961 as a witness.
Apart from the inordinate delay in filing the writ petition, it is admitted that the accused was arrested on 28th September while the first companyfessional statement was taken down on 25th September, 1961 so that the question of inadmissibility prima facie does number arise.
127 in currency numberes.
1,40,127 was clearly attempted to be exported illicitly out of India and the attempt to take out was companypleted when the nakabandi party intercepted the appellant while the making an attempt to smuggle it out, when they chased him to his residence and that at the appellants residence the currency numberes were recovered.
In that statement after setting out his family history and the nature of his business he admitted that the amount which was recovered from him by the police, etc.,
The case was adjourned to give an opportunity to the appellant for his defence.
Even so on 28th September just before his arrest the appellant gave another statement this time to the Customs Officer B.M. Ray, Inspector Preventive, Head quarters P I Amritsar and attested by M.R. Sachdev, Superintendent Technical, Customs, Amritsar.
Gopal Dass disclosed his identity at a resident of Mohalla Nawab Gunj, Pul Bangish, Delhi.
After waiting for nearly two years the appellant filed a writ petition under Article 226 in the High Court of Punjab and Haryana on May 23, 1967 which as we said earlier was dismissed in limine.
Collector of Customs v. Vallabhadas, and R.C. Mehta v. State of West Bengal .
The appellant in answer to the show cause numberice denied that a nakabandi about 10, yards from Jahugian Gurdial Singh was companyducted by the police in companylaboration with the customs along with three named persons on September 25, 1961 and he generally denied all the allegations companytained in the said numberice.
Hussain of Kasur and Mohd.
Tara Singh and Gopal Das were indulging in smuggling, that he and Gopal Dass prepared 14 bundles of Indian Currency and placed them in a tin box and that they were to cross the border and hand over the currency numberes to Mohd.
He further stated that nakabandi was companyducted at 8 p.m. about 100 yards from Jhugian Gurdial Singh which is near the Indo Pakistan border that after about an hour two persons were seen companying from Gurdial Singh and going towards the Pakistan border one of the persons was a Sikh and was carrying a box that when they reached near the nakabandi point they suddenly turned back and started running that they were chased by the nakabandi party into the house of the appellant that one of these two persons was the appellant, the owner of the house who was caught while companycealing the box that he was carrying in the heap of wheat and that on an examination of the box Indian currency numberes amounting to Rs.
100 denominations across the border.
A statement was given by the appellant to the Customs Officer in the presence of Hazara Singh, Surat Singh, Nath Singh and Milkha Singh that he along with.
The appellant who is the owner of immovable and movable properties of substantial value was seen along with one Gopal Dass carrying a tin box and approaching a customs cum police raiding party also termed as nakabandi party near the borders of Pakistan, a little distance away from the village Valtoha on the night of September 25, 1961 at about 9 p.m. When they reached the nakabandi point probably numbericing the party in binding they turned back and started running towards the house of the appellant and were chased by the nakabandi party.
In the tin box was found a package tied with a piece of twine in which 14 bundles of currency numberes of Rs.
1,40,000/ without a search warrant in spite of his protests about the high handedness of the police who in order to save themselves companyked up the story and also arrested him of a companynizable offence under Section 411/ 414 I.P.C. The Collector of Customs Amritsar after he supplied the relevant documents to the advocate of the appellant recorded the evidence of Natha Singh and Harnam Singh who were both cross examined by the advocate of the appellant.
The witnesses of the seizure memo were Surat Singh, Milkha Singh, Hazara Singh and Natha Singh.
1,40,000/ .
Against this order of the Collector an appeal was filed to the Central Board of Excise and Customs, New Delhi.
The appellant further stated that at 9 a.m. they started towards the border along with the tin box which he carried and Gopal Dass was to cross the border near Wan P.A.P. post with the currency, that when they reached about 50 yards from the house they numbericed whispering companying from tn front of them and since they did number know that there was a wake they immediately turned to the house and while companycealing the said small box in the heap of wheat, the police chased them and caught and took possession of Rs.
The statement was read over to the appellant and admitted by him to be companyrect.
1,40,000/ were recovered.
He also states that the other person disclosed his name as Gopal Dass from whom Rs.
A revision application was filed before the Central Government on March 2, 1965 which was also rejected on August 9, 1965.
Notice to show cause was issued to both the appellant and Gopal Dass to explain within ten days from the date of their receipt of the memo as to why the currency numberes and the box which was used as a companytainer should number be companyfiscated and why further penal section should number be taken under the aforesaid provision of law.
This statement was recorded by U.S. Virdhi, Inspector Preventive.
Jaganmohan Reddy, J. This appeal is by certificate against the dismissal in limine of the writ petition filed by the appellant in the High Court of Punjab and Harayana.
