the three outstanding circumstances established against the respondent and number disputed before us by the learned companynsel for the respondent were 1 the presence of the respondent in the flat at the time of the raid by the central excise officers and the recovery of the gold slabs of foreign origin from the steel almirah and 2 the recovery of the bunch of eight keys from his person which keys fitted the almirah from which the gold slabs were recovered and 3 the recovery of a bunch of three keys from his person one of which fitted the lock which was hanging from the inside handle of the door of the flat.
7 and anumberher went to fiat number 14 on the first floor of a building knumbern as vidya vihar on tulsi pipe road dadar bombay.
after some vicissitudes necessitated by the respondent champalal punjaji shah taking the matter to the higher companyrts the trial finally companycluded and by a judgment dated december 13 1971 the learned magistrate acquitted mohan lal accused number 3 but companyvicted accused number 1 champalal punjaji shah under various heads of the charge and sentenced him to suffer imprisonment for various terms ranging from two years to four years and to the payment of fine of rs.
1 the deputy superintendent of central excise accompanied by other central excise officers and two panchas savalram ganpat bhagat p.w.
when the false bottoms were pulled out and searched they were found to companytain 11 jackets in each of which there were 100 slabs of gold weighing 10 tolas each.
two of the three keys of the other bunch were obviously keys of a scooter while the third key was found to fit the tiger lock which was on the handle of the back of the front door of the flat.
a key was also found in that almirah and this key was found to fit the tiger lock which was hanging from the inner handle of the front door of the flat.
pw 1 told the accused that he was authorised to search the room and showed them the authorisation given to him by pw 4.
pw 1 asked accused number 1 to open the almirah.
1 pressed the calling bell and the door was opened by poonam chand.
after some evidence had been led by the prosecution the public prosecutor filed an application before the learned magistrate requesting permission to withdraw from the prosecution against accused number 2 poonam chand.
shri jethmalani learned companynsel for the respondent initially challenged the reception of the evidence of poonam chand into the record but desisted from doing so when we told him that he might companyfine himself to the rest of the evidence which appeared to us to be sufficient to hold the respondent guilty of the offence with which he was charged.
the bunch of eight keys was found to fit the steel almirah from which the slabs of gold were recovered.
on seeing the central excise officers accused number 1 got up and went towards them.
the state of maharashtra has filed the present appeal against the judgment of the high companyrt of bombay after obtaining special leave from this companyrt under art.
the bunch of three keys was on his person but two out of the three keys were of the scooter purchase by him from accused number 3.
the flat was taken on a leave and licence basis by accused number 3.
permission was granted and thereafter poonam chand was examined by the prosecution as their witness.
the gold slabs had foreign markings on them.
thereafter accused number 1s person was searched and some documents and two bunches of keys one companytaining eight keys and the other companytaining three keys were found.
appeal by special leave from the judgment and order dated the 19th/20th february 1974 of the bombay high companyrt in criminal appeal number 1549 of 1971.
the substantive sentence of imprisonment were directed to run companycurrently.
4 the superintendent of central excise and p.w.
accused number 2 poonam chand then took out a bunch of keys from the pocket of his trousers and opened the almirah.
the flat had two doors one away from the staircase locked from the outside and anumberher near the staircase and closed from inside.
the case of the respondent was that he had purchased a scooter from mohan lal and had gone to the flat of mohan lal that night for companypleting some negotiations.
the rear side of the entrance door had a handle from which was hanging a tiger brass lock.
the bunch of eight keys was number found on his person as alleged by the prosecution.
when he was coming from the building he was dragged into flat number 14 by the customs officers.
the total quantity of gold found secreted in the almirah was 11000 tolas.
criminal appellate jurisdiction criminal appeal number 126 of 1975.
136 of the companystitution.
it was numbericed that the two bottom drawers had false bottoms.
anumberher person was sitting on a sofa inside the room.
after the investigation was completed a companyplaint was filed for the various offences mentioned by us at the outset.
there were eight drawers in the steel almirah.
he had numberhing to do with the flat number did he have anything to do with the gold found in the flat.
on may 30 1965 on information received p.w.
on appeal the respondent was acquitted by the high companyrt.
10000 on each of different companynts.
he was accused number 1.
the room was then searched.
these drawers companytained some documents.
during the companyrse of the investigation it was found that .
besides the sofa there was a steel almirah.
thereafter a panchnama was prepared.
the brief facts of the case may number be stated.
