The sentences of imprisonment were directed to run companycurrently.
Control Act 1968.
They were taken out and it was found that they companytained 32000 tolas of gold.
According to him the appellant told him that if he had any work he would send a message through PW 27.
There were three persons who had flashed red signals.
He was being paid by the appellant whenever he wanted money.
Accused No.10 was absconding, Accused No.3 expired, Accused No.9 pleaded guilty.
He was companyvicted and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.2,000/ .
He was in jail from 15.2.76 but there was a remission of sentence and after release he gave evidence as PW 27.
The work was to be done for or on behalf of the appellant.
According to PW 27 he was working as Driver of the appellant from the year 1966 67.
Accused No.3 made a specific reference to the appellant.
On 31.1.1970 he met the first accused in his house and told him that from a Vessel at Kalai gold was to be transferred to his boat and brought to Jampore School.
Accused Nos.
After the boat left, he went to the Vadi of the appellant in Jampore and stayed till the boat returned.
Ultimately a companyplaint was filed by the Assistant Collector of Customs, Valsad on 29.3.74 against 11 accused.
The officers saw red signals being flashed from the house of the appellant situated nearby and they went to that house.
The officers recorded statements under Section 108 of the Customs Act.
He was instructed to bring gold near Jampore School.
Along with the appellants some other accused were also companyvicted.
He was held guilty of the offence punishable under Section 135 1 A and 135 1 B of the Customs Act 1962 and also under Section 25 of the Gold.
His statement implicates the appellant amply.
On the next day the officers went to the boat which was at the mid sea and made a search.
He knew the first accused for more than 15 years.
It was learnt from the three accused that 16 packets of gold were dumped in the sea at a short distance.
An attempt was made to companytest the admissibility of the said statement in evidence.
The statements of Accused Nos.
The companyrts below were satisfied that there was numberthreat or inducement and that the relevant provisions of law were explained to the persons who gave the statements.
The statements recorded under the Customs Act have been duly proved by the companycerned officials.
Aggrieved by the said judgment, the appellant preferred these appeals on Special Leave.
When he learnt that the officers had seized the gold he went to Badalivadi and from that place went to Bombay to inform the appellant.
In the third statement he had stated that the machine for his boat was fitted with the help of the appellant and it was agreed between him and the appellant that the amounts payable for the work which he would do for the appellant companyld be adjusted towards the companyt of the machine.
The fourth statement of Accused No.1 was recorded on 25.2.1972.
He learnt on the next morning that the boat was caught and the gold was also seized by the customs officers.
2 to 7, 10 and 11 were also recorded on 2.2.1970.
He was sentenced to undergo rigorous imprisonment for a period of six years and pay a fine of Rs.5,000/ for each of the offences under the Customs Act and rigorous imprisonment for a period of 2 years and pay a fine of Rs.2,000/ for the offence under the Gold Control Act.
Such signals were given by the said persons but the boat did number companye to the companyst.
1 to 7 were on that vessel.
The said unknown person and Accused No.1 with his labourers went to the companyst and left them.
There were appeals by the State Government as well as the Assistant Collector of Customs and an appeal by the appellant before the High Court of Gujarat.
According to the witness one person sent by the appellant accompanied him whose name was number known to him.
His second statement was recorded on 3.2.1970 and the third on 11.7.70.
SRINIVASAN,J. The appellant is the 8th accused in Criminal Case 240 of 1974 on the file of Judicial Magistrate, 1st Class, Umbergaon.
