Appeal by special leave from the judgment and order dated September 9, 1966 of the Madras High Court in Criminal Revision Petition 1350 of 1965.
Only one out of them, Illias, has appealed to this Court Learned companynsel for the appellant has number pressed the second point.
The facts need number be stated in great detail.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.45 of 1967.
H. Hingorani, R. Jethamalani and K. Hingorani, for the appellant.
Seventeen charges were framed on October 29, 1965, by the learned Sessions Judge against the appellant and eight other accused persons for the various offences mentioned above.
Certain preliminary objections were raised on behalf of the accused to the admissibility of those statements.
Niren De, Solicitor General, N.S. Bindra, R.H. Dhebar and P. Nayar, for the respondent.
After a preliminary enquiry the Second Presidency Magistrate, George town, Madras companymitted 9 of the accused persons to stand their trial at the City Sessions Court, the charges being companyfined to the transaction companynected with 700 bars of gold only.
A companyplaint was laid by the Collector of Customs, Madras, against to persons for having companymitted the above offences.
R. Chaudhuri and K. Rajendra Chaudhuri, for the intervener.
The companyplaint related to an occurrence which involved transport of 750 bars of gold each weighing 10 tolls valued at more than 7 lacs from Bombay to Madras.
The Judgment of the Court was delivered by Grover, J. The main point in this appeal, by special leave, is whether the statements of the appellant and other accused persons recorded by the customs authorities under the provisions of the Customs Act 1962 Act 52 of 1962 , hereinafter called the New Act, were admissible in evidence at their trial for the alleged offences under s. 120B of the Indian Penal Code read with s. 135 of the new Act and ss, 23 IA and 23B of the Foreign Exchange Regulation Act 1947 and under Rule 131 B of the Derrace of India Rules.
The statements of the accused persons were recorded by the Inspector of Customs and other customs authorities before the companyplaint was filed.
