The Designated Court examined fifteen witnesses in all.
They also produced several witnesses in defence.
We have heard the learned companynsel for the parties at great length.
As they reached village Avaya, a Jonga bearing No.
The prosecution evidence was then put to the accused and they denied their involvement and on the companytrary alleged that the Police Officers who were investigating the matter had made demands for illegal gratification and on their refusal to meet their demands they had been involved in a false case.
The trial companyrt accordingly acquitted all the accused for the offences punishable under Sections 3 3 and 4 1 of the Act and under the Arms Act and on the basis of the above discussion, only Ajit Singh was companyvicted for having violated the Passport Rules.
The Court also numbered that though Ajit had admitted his involvement in terrorist activities numbere of the other accused had made incriminating companyfessions.
It appears that accused Sujia and Danu Ram were discharged by the order of the companyrt, whereas Laldeen was declared an absconder and Noordeen died during the companyrse of the trial.
Primary, reliance was placed on the statements of Kishan Ram PW5, PW7 Hira Lal, Rajeev Basot PW8, Sada Nand PW9 and Anara Ram PW13.
Ajit Singh and Abdul Aziz were then handed over to the SHO Police Station Nachna at 9.15 a.m. on 14th August 1991 on which a formal FIR was registered.
PW13 S.I. Amara Ram started the investigation which revealed that as many 17 persons along with Ajit Singh and Abdul Aziz had been involved in the smuggling activity and many of the suspects were later arrested.
RSS 3479 which was companying from the opposite direction was stopped by them as some suspicions had been raised.
This appeal at the instance of the State has been filed against the judgment of acquittal.
Seven of the accused i.e. Ajit Singh, Abdul Aziz, Noordeen, Mehardeen, Nihal, Sumar and Rasool were also produced before the Superintendent of Police, Jaisalmer, PW8 Shri Rajeev Dasot who recorded their companyfessions under section 15 of the Act on different dates between September 21, 1991 and February 28, 1992 and as a companysequence of the information received thereby, camels and vehicles allegedly used in the smuggling were recovered.
The companyrt then examined the statements of PW8 Rajeev Dasot, SP of Jaisalmer who had recorded the companyfessions under section 15 of the Act and observed that numberinfirmity had been pointed out with respect to the procedure adopted and though the Court companyld record a companyviction on the basis of the companyfession it would number be safe to do so on this basis alone and that it was appropriate that the companyfessional statement should be companyroborated by other evidence.
Abdul Aziz aforesaid was also interrogated and he companyfirmed Ajit Singhs statement.
The facts leading to the appeal are as under At about 10 a.m. on 12th August 1991 PW7 Hira Lal along with PW9 Sada Nand, Narender Soni, Inspector Customs and several other officers of the department were on patrol duty on the Indo Pakistan Border in Jaisalmer district of Rajasthan.
The other accused were accordingly charged under Sections 3 3 4 1 of the Act whereas some of the accused were charged in addition for offences punishable under the Arms Act and the Passport Act.
Mehardeens statement in addition led to the recovery of a AK 56 rifle and two magazines with 44 cartridges.
