1962 Supreme(Gau) 30
T.N.R.TIRUMALPAD
Neithanga Hmar – Appellant
Versus
Assistant Collector of Central Excise and Land Cus – Respondent
Advocates:
Y. Imo Singh and R.K. Manisana Singh, for Petitioners; N. Ibotombi Singh, Public Prosecutor, for Respondents.
ORDER :- Petitioner No. 1, Neithanga Hmar, was searched by P. W. 1 H. K. Nag, the Preventive Officer of Central Excise and Land Customs at about 9-00 a.m. on 21-8-1959 when he arrived by bus at Kwakeithel Bazar near Imphal from Churachandpur. P. W. 1 had some information that smuggled gold was being brought by the said bus. Petitioner No. 1 who is a Subedar in the Assam Regiment was in his military uniform. When he was searched, it was found that underneath his uniform, he was wearing a waist-coat in which there were 30 pockets which had been stitched and when the said pockets were unstitched, it was found that each pocket contained a gold bar weighing 16 and odd tolas making in all 480 and odd tolas of gold. The gold bars were found hammered in order to prevent their place of origin being known, i.e., whether they were of Indian origin or foreign origin. He made a statement Ext. A-2 to the Superintendent of Land Customs (P. W. 7), stating that his cousin Zaphira Hmar, petitioner No. 2, gave the said gold bars to him along with the waist-coat on 20-8-1959 at Churachandpur asking him to carry the said gold to Imphal and promising to take back the gold from him at Imphal and that he
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