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Gujarat High Court
Judgename :K.R.VYAS, M.S.Parikh
BIPINBHAI A.PATEL - Appellant
Versus
STATE - Respondent
CRIMINAL APPEAL 79 of 1991
Decided On : 01/15/1998
The voluntary nature of the evidence contained in the confessional statement can be judged from the internal evidence of the document itself as also from other prosecution evidence disclosing such facts and circumstances as would reveal or lead to the truth of the facts stated in the confessional statement. The prosecution has not merely rested on the first and or the second confessional statement as aforesaid, but has relied upon the other pieces of evidence which have been dealt with by the learned Additional Sessions Judge in his impugned Judgment. The second statement which has been called in question by the learned counsel for the accused speak for itself and discloses such facts as would proceed only from the accused, who was in knowleged of such facts. The learned Additional Sessions Judge can hardly be said to have committed any error in placing reliance upon Exh 36 and in coming to the conclusion that the said statement was voluntarily made.
[Para 10]
The retraction from confession as contained in Exh. 36, vide Exh. 47, contains general and vague allegations using the words `beating, `threatening and `inducing. It does not contain any particulars. No complaint has been made by the accused at the earliest as stated above
[Para 13]
( 1 ) THE appellant herein has brought under challenge his conviction under Secs. 23, 24 and 29 of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short the N. D. P. S. Act), and his sentence to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000. 00 (Rupees one lakh only), in default to undergo imprisonment for a period of 3 months on each of the charges as per the judgment and order dated 22-1-1991 rendered by the learned Addl. Sessions Judge, Kheda at Nadiad in Sessions Case No. 155 of 1989.
( 2 ) THE committal case to the Sessions Court originated from the complaint Exh. 46 filed by Mr. C. R. Desai, Superintendent of Customs (Preventive), Ahmedabad bearing Criminal Case No. 1582 of 1989 in the Court of the Chief Judicial magistrate at Nadiad. According to the complaint when Mr. R. N. Kakkar, Deputy director, Narcotic Control Bureau, Bombay, received letter from Mr. C. R. Woodward, Drug Liaision Officer, Bombay, on 8-2-1989 informing him about the two album type books containing photographs of padded plastic covers left by one mr. Rajnikant Patel with Mr. Dilip and Kamlesh and the said books suspected to contain narcotic drug, Mr. Kakkar passed on the said information to Mr. P. N. Vithaldas, Additional Collector of Customs (Prev.) Ahmedabad, on telephone in the evening on 8-2-1989. The Custom Officers at Ahmedabad started investigation into the matter upon receipt of such information and it transpired that one Mr. Rajnikant patel alongwith his wife and daughter had been to India from London in the 1st week of January, 1989. They were the holders of British Passports and they are citizens of England. They originally belong to village Bodal, Taluka Borsad, District Kheda. They had come to India for paying visit to their native place and were to go back home in the 1st week of Feburary 1989. They had tickets for London. For confirmation of the tickets they contacted the accused, Mr. Bipinbhai Ashabhai Patel (the appellant herein) carrying on the business of travel agency in the name of Bipco tours and Travels at Borsad, on or around 25-1-1989. The accused Bipin Ashabhai patel sent the said tickets through Angadia to Shri Mahesh P. Bhatt, carrying on business in the name and style of Royal Travel Agency, Bombay on 31-1-1989 for confirmation. The tickets were then returned to the accused duly confirmed, on 2- 2-1989. On 3-2-1989 Rajnikant Patel alongwith his brother-in-law Kamlesh went to the office of the accused Bipinbhai Ashabhai Patel at Borsad to make inquiry and he was informed that the tickets were confirmed. When Mr. Rajnikant went to the office of the accused, Mr. Bipinbhai requested him to carry his two books for his friends relative at London. Kamleshbhai paid Rs. 150. 00 by way of service charges to the accused and signed the register. Mr. Rajnikant Patel agreed to take the books for the accuseds firends relative at London and the accused packed the two books with a brown cover and the name of the recipient was written on that cover. That name was deepak Amin, 9671246, london, U. K. The accused further told Mr. Rajnikant Patel that the recepient of the books would come personally and take delivery from him (Mr. Rajnikant Patel ). When Mr. Rajnikant Patel agreed to take the books, the accused returned the amount of Rs. 150. 00 received by way of service charges, to Mr. Kamlesh. On 3-2-1989 at night Mr. Rajnikant Patel alongwith his family left for Bombay. Mr. Ranjikant Patel felt suspicious about the books and on he having given a cut to one of the books, he found that some brown powder was coming out. He immediately closed it with a bandage strip and gave the books to his brother-in-law mr. Dilip and Mr. Kamlesh telling them to keep the books with them till he/they would hear from Mr. Rajnikant Patel. Mr. Rajnikant Patel further informed to give the books to Customs Officer or Police Officer when they happened to go to him/ them. Mr. Rajnikant Patel ac
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