G.K. Sharma, J. - (1.) The Assistant Collector, Central Excise & Customs, Jaipur has preferred this appeal against the judgment of acquittal passed by the learned Chief Judicial Magistrate, Tonk dated 16-10-79.
(2.) According to the prosecution story on 7-9-71 accused Prem Chand resident of village Uniara, purchased 7 smuggled gold biscuits from one Jaganath Dalai at Jaipur and handed over them to the accused Ram Nath Mali for carrying them to Uniara. Ram Nath boarded the bus and reached Tonk at 1 a.m. in the night between 8th/9th September, 71. He was apprehended by the Constables on patrolling duty viz., Gajanand and Nanhe Mohammed On search the Constables found 7 gold biscuits in the bag with Ram Nath. The Constables made a bargain for Rs. 1,000/-, but since Ramnath had no money, the constables kept three biscuits with them (sic) with the condition of returning them the next day on payment of Rs. 1,000/- and let off Ramnath with the remaining four biscuits Ramnath, on reaching Uniara, gave these four biscuits to Prem Chand.
(3.) It is further stated that next day on 9th Sep., 71 Prem Chand and Ramnath both came and contacted those constables and asked them to return the three gold biscuits and on that they stated that two biscuits had been taken by Dy. S. P and only one remain with them. Consequently, the deal was not agreed to. Actually, the constables devided one and half biscuit reach between themselves and Gajanand sold one biscuit to accused Jagdish Narain for Rs. 2,000/-. On 10-9-71. the S.H.O. Abhimanyu Singh recovered one gold biscuit weighing 106 grams and bearing foreign making from the possession of accused Jagdish Narain and also recovered Rs 2,000/- in sealed packets. The recovered biscuit and the amount were handed over by the S.H.O. to the Central Excise Inspector Tonk On 10.9.71. the Excise Inspector recorded the statements of accused Gajanand, Jagdish Narain and Nanhe Mohammed. On 12.9.71, he recorded the statement of Prem Chand and Ramnath and then sent a report to Customs and Excise Superintendent, Ajmer. The statements of these persons were again recorded by the Customs Department and they started investigating the case. The statements of the accused-persons were recorded by the officers of the Customs Department number of times and ultimately the submitted the complaint against six accused persons on 20th May, 74. One accused Phoolchand died on 30th June, 76 and the case proceeded against the remaining five persons.;