The Delhi High Court has acquitted a man who was caught with 24 gold biscuits at IGI Airport on the ground that the goldsmith conducted a touchstone test.
The bench of Justice Neena Bansal Krishna has observed that the goldsmith did not test the purity of yellow metal by any scientific examination, but only by Touch Stone method. He
admitted that in this method, he cannot state with surety what was inside the gold biscuit and the purity was tested only on the surface. He admitted that no test by drilling was conducted by him to ascertain the purity of the gold. He also admitted that prior thereto, he had issued 3-4 Certificates to the Custom Officers as and when he was called by them.
24 gold biscuits were recovered from the Arrival Immigration Hall of IGI Airport on 20.01.1994. These gold biscuits were found lying below the wash-basin in the toilet for handicapped and were wrapped in brown plastic adhesive tapes. The Officers, acting on specific information reached the spot and the Respondent, who was posted as Constable, Delhi Police, was found standing there. On seeing the Officers, as he tried to flee and hit Mr. Duli Chand, Customs Head Constable. The Respondent was overpowered by the Officers of the Petitioner Department.
The gold biscuits were found to bear Swiss markings and weighed 2.819 Kgs. The search of the person of the Respondent resulted in recovery of a cloth belt which had been tied to his waist under his trousers. The belt had a pocket stitched to it, which was intended to be used for concealing the gold biscuits. The incriminating articles were seized.
The Respondent in his Statement under Section 108 Customs Act, 1962 admitted the recovery and seizure of gold biscuits. He deposed that he was to pick up these gold biscuits and deliver them to one Bhagirath, who was waiting outside. When the Respondent was taken to the parking for identification of Bhagirath, neither Bhagirath nor his Agent or vehicle was traced. The Respondent did not retract his Statement under Section 108 Customs Act at the first available opportunity and it remained free from blemish and has a presumption of being truthful and correct.
The ACMM vide his Judgment acquitted the Respondent.
The Judgment of acquittal is challenged by the Appellant Department on the ground that the Statement of the Respondent under Section 108 Customs Act was admissible in evidence and the conviction could have been based on his statement. Furthermore, the factum of recovery, seizure, panchnama signed by the Respondent and the testimony of other panch witnesses, fully established the case of the Prosecution.
The court held that ACMM had rightly referred to the observations made by the Adjudicating Authority in its Order dated 13.06.2001, while assessing the entire evidence as led herein, to conclude that there was no evidence whatsoever to prove the recovery of the from any of the three persons including the Respondent. The ACMM has, therefore, rightly extended the benefit of doubt to the Respondent while acquitting him for the offence under Section 135(1)(a) of the Customs Act, 1962.
Case Details
Case Title: Air Customs Versus Ram Chander
Case No.: CRL.A. 192/2012
Date: 28th May, 2025
Counsel For Petitioner: Satish Aggarwala, Sr. Standing Counsel
Counsel For Respondent: S.K. Srivastava, Ms. Shubhi Srivastava, Mr. Prince Kumar & Ms. Garima Singh
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