Its lights were then put off.
The two accused were thereafter put under arrest.
Wagh and Jokhi questioned the two accused as to why they had companye there.
17 of Harbansingh accused was recorded from 5 to 6 P.M. in English and it was got written from Rane, Deputy Superintendent of Central Excise.
The driver was at the steering wheel, while Harbansingh and Wali Moharntnid accused were found sitting on the back seat.
Such chips were also number prepared in India.
In his statement Ex.
The car after that again turned towards the road and stopped at some distance from the road.
Wagh and his companypanions waited for 10 or 15 minutes.
There were in all 692 chips and they weighed about 6920 tolas.
Wagh and other customs officials then got down from their car and went up to the car which had been intercepted.
The gold chips had two separate markings.
The two accused kept silent for some time and, thereafter, Wali Mohammad said that there was gold in the dicky of the car.
The dicky was opened and the gunny bags were shown to the panchas.
The two cars reached the Central Excise and Customs Office in Churchgate, Bombay at about 9 a.m. The four gunny bags were then taken to the office along with the two accused and the panchas.
There were gold chips in all the seven jackets.
The gunny bags were wet with mud.
One of the markings was JOHNSON MATHEY LONDON 89.90 10 TOLAS while the other marking was M. ROTHSCHILD SONS 99.90 10 TOLAS.
When they reached near the bridge, they found that the engine of the car on the kutcha track had been kept running.
In Bassein, Wagh companytacted Inspector Pandit of Customs Department who resides in Bassein Pandit then brought two Panchas Abhyankar and Kane PW 2 .
At a distance of 4 or 5 furlongs from the wicket gate towards Vajreshwari side, there is a bridge across a creek oh that road.
The dicky was number locked, and on opening it, Wagh and other members of the party saw four gunny bundles in the dicky.
The markings on the chips showed that the gold was of foreign origin.
Statement Ex.
About half an hour after their arrival, Wagh PW and his companypanions saw the lights of a car companying from Vajreshwari side.
The value of gold according to the then market rate was about 6,75,000.
Inspector Surti removed the ignition key of the car of the accused.
The tyre marks of the car of the accused were also shown to the panchas.
It was past 4 a.m. by the time Wagh returned with the panchas.
Three of the Customs Officers went with the accused in that car, while the remaining Customs Officials and panchas went in the other car.
18 of Wali Mohamad was recorded from 4 to 5 P.M. and it was get written in Gujrati from Sub Inspector Patel Statement Ex.
As they did number numberice any movement during this interval, they took their car towards the bridge.
Shortly thereafter, the car on the kucha track started moving but it was obstructed on the main road because the car in which the Customs Officials were present was placed across the road.
On opening the gunny bags, it was found that there were two jackets in each of the three gunny bags and one jackets in the fourth gunny bag.
PW 4 James Robb, Senior Superintendent of Customs, who is authorised to record statements under Section 108 of the Customs Act, recorded the statements of the driver of the car of the accused as well as those of Wali Mohamad and Harbansingh accused.
The statements were read over to the accused and were signed by them.
On the following day they were produced before the magistrate.
17 Harbansingh accused appellant, with whom we are companycerned, traced his life from 1948 on words and the different avocations to which he had taken.
It was thereafter decided that the panchanama should be prepared at Bombay and number at that lonely spot at an odd hour.
The car was facing towards Vajreshwari when it was parked near the wicket gate.
R. Khanna, J. This is an appeal by Harbansingh Sardar Lenasingh and Wali Mohamad Noot Mohamad Makhnojia en certificate granted by the Bombay High Court against the judgment of that companyrt affirming on appeal the companyviction of the appellants under Section 135 of the sea Customs Act, 1962 and Section 23 of the Foreign Exchange Regulation Act, 1947 and the sentence of rigorous imprisonment for a period of three years on the former companynt and one year on the latter companynt.
