Page 96 - ELT_3rd_1st May 2020_Vol 372_Part

318 EXCISE LAW TIMES [ Vol. 372

2020 (372) E.L.T. 318 (Guj.)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. Supehia, J.
SUPDT. OF CUSTOMS, BHUJ
Versus
STATE OF GUJARAT
R/Criminal Revision Application No. 498 of 1993, decided on 13-1-2020
Prosecution - Smuggling of gold - Acquittal - Accused No. 12 arraigned
only because of confessional statement of Co-accused No. 1 and acquitted -
Accused No. 14 arraigned because of statement of Accused No. 12 acquitted by
trial Court relying on judgment in respect of Accused No. 12 - Such reliance
cannot be said to be misplaced - Confession recorded of Accused No. 1 not
meeting with parameters of Section 26 of Evidence Act, 1872 - Identity of Ac-
cused No. 14 not established and he arraigned by name of Kasam on statement
of co-accused - Discharge of Accused No. 14 proper - Section 135 of Customs
Act, 1962 - Section 85 of Gold Control Act, 1968. [(2019) 8 SCC 811 relied on].
[paras 7, 8]
Revision application dismissed
CASE CITED
Mohammed Fasrin v. State Represented by the Intelligence Officer — (2019) 8 SCC 811
— Relied on ................................................................................................................................. [Paras 4, 8]
REPRESENTED BY : Shri Dhaval D. Vyas, for the Appellant.
S/Shri Hriday Buch and Ronak Raval, APP, for the
Respondent.
[Judgment (Oral)]. - The present revision application has been filed seek-
ing quashing and setting aside the judgment and order dated 26-10-1993 passed
by the Chief Judicial Magistrate, Bhuj (Kuchchh) in Criminal Case No. 4655 of
1989, whereby the Magistrate ordered the discharge of accused-respondent Nos.
2 and 3.
2. The brief facts leading to filing of the present revision application are
as under :
2.1 A Criminal Complaint No. 4655 of 1989 was filed by the applicant
in the Court of Chief Judicial Magistrate, Bhuj (Kuchchh) under Section 135 of
the Customs Act, 1962 and Section 85 of the Gold Control Act, 1968 against 15
accused including respondent Nos. 2 and 3. The said prosecution was sequel to
the seizure of a country craft on 2-12-1988 at Jakhau Coast in Kuchchh in the In-
dian Waters. After a chase by the Coast Guards by means of patrolling boat and a
Helicopter the aforesaid country craft could be caught hold and seized. It con-
tained 7500 Gold Bars of 10 Tolas each brought from Dubai. The said contraband
gold valued at Rs. 28, 29 Crores was also seized by the Customs.
2.2 Out of the 15 accused, accused at Serial Nos. 1 to 10 are all being
Pakistani national and Serial No. 12, a citizen of India, were arrested by the de-
partment. However, the accused at Serial Nos. 11, 13, 14 and 15 were absconding
and non-bailable warrants were issued by the trial court against the absconding
accused.
EXCISE LAW TIMES  1st May 2020  96