CHANDRABADAN BAVABHAI JADHAV Vs. COLLECTOR OF CUSTOMS
LAWS(CE)-1986-12-37
CUSTOMS EXCISE AND GOLD(CONTROL) APPELLATE TRIBUNAL
Decided on December 15,1986

Chandrabadan Bavabhai Jadhav Appellant
VERSUS
COLLECTOR OF CUSTOMS Respondents


Referred Judgements :-

SHEW PUJAN RAI INDRASAN RAI LTD VS. COLLECTOR OF CUSTOMS [REFERRED TO]



Cited Judgements :-

COMMR. OF C. EX. & CUS. (APPEALS), CALICUT VS. MALABAR PLYWOOD WORKS [LAWS(CE)-2005-12-63] [RELIED ON]


JUDGEMENT

K. Gopal Hegde, Member (J) - (1.)THIS appeal arises out of and is directed against order -in -original bearing No. 10/Addl. Collr/1986 dated 29.1.86 (issued from file No. F.VIII/10/407 Addl. Collr./85) passed by the Addl. Collector of Customs (Preventive), Gujarat, Ahmedabad. The brief facts necessary for the disposal of the appeal may be stated as under : -
(2.)ON information that contraband gold was to be landed near the creek of Saronda Village, a batch of Customs Officers kept watch nearby spot. Late in the night, the Customs Officers noticed certain persons proceeding towards a boat and the persons on board the boat handed over one jacket each to those persons who had anchored the boat. Thereafter they heard firing and they also resorted to firing. The persons who had carried the jackets escaped taking advantage of the darkness.
(3.)DURING the investigation, it was found out that a boy of a village Tadgam had received a jacket containing gold lagdies and had handed over that jacket to his father. Kalan Patel sometime in the last week of May, 1985. Mohan Kalan Patel was the sarpanch of that village and he was found missing and he could be located only on 12.6.85 at Bulsar. On interrogation, he admitted the receipt of gold jacket. He handed over 38 gold lagdies to the Customs Officer, Shri M.D. Shah and kept two gold lagdies with him. The Customs Officer did not, however, draw any panchanama. On the other hand, the Supdt. Shri Shah distributed one gold lagdy of ten tolas to the sepoys who had accompanied him. Further he had also distributed two gold lagdies to Inspector of Customs Maroli and one gold lagdy to another sepoy of Maroli. In the follow -up action, the gold lagdies distributed to those persons were recovered.
During the course of the investigation, the statement of one Shri Budhia Katia aged about 10 years was recorded. Among other things, he had stated that he was a servant of one Shri Chandrakant Bavabhai Jadhave alias Bab Sheth and that Shri Baba Sheth has five other brothers and they own a paper mill in Vapi. It was also stated by him that Shri Baba Sheth was a farmer and giving trucks on hire, and was also giving trucks to smugglers for carrying contraband goods. He also stated that he could identify three trucks belonging to Baba Sheth and he identified three trucks. It was also stated by him that Baba Sheth has a trustworthy driver by name Magan Dhodi and that Magan Dhodi was carrying contraband goods in those trucks upto Bombay. It was also stated by him that he knew the persons from Bombay who were coming to Bamanpada and were staying in the bungalow of Chandrakant Bavabhai. He and Jania were managing their food and other things. In his further statement dated 18 -6 -85, Shri Budhia: Katiya Varli, interalia, stated that on 27 -5 -85 Baba Sheth and his brother Jayantibhai came to the Wadi on a scooter and that one Mohan was beaten and his hands and legs were tied by Baba Sheth, his brother one Shri Rauf. He also stated on the next day Baba Sheth and his friend Rauf had come to see Mohan in a Matador and the Matador belonged to Ambubhai. He also stated that late in the night on that day Baba Sheth, Rauf and unknown person came in a Matador. Later all of them went in a car. Shri Mohanbhai corroborated the version of Budhia Katiya that his hands were tied by the persons mentioned by Budhia Khatia. He also stated that he informed those people that he would show the place where he had hidden the gold lagdies. He was taken in a vehicle which was a Matador. He took out a bundle from underneath the rock and Baba Sheth snatched the bundle and later took him and the bundle in the Matador and later one person put Rs. 10,000/ - into the pocket of his inner chaddy and also threatened him that he would be killed if he reveals the incident. In his statement, Baba Sheth, among other things, stated that he has one hardboard box manufacturing factory. He is a partner in machine tools factory situated in Vapi. He has two trucks bearing registration No. NHT 552 and GTO 2917 and the trucks are used for transporting gravel. He denied having tied the hands and legs of Mohan Kalanbhai Patel. He also denied the gold having been brought from Tadgam in a Matador bearing No. GDR 9003.



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