S.PALANIVELU
P. Muthunachi – Appellant
Versus
State – Respondent
(1) SINCE the issues involved in these appeals are one and the same, they are taken up together and disposed of by this common judgment.
(2) FOLLOWING is the factual backdrop of prosecution case in brief :
P. W. 1, Inspector of Customs, P. W. 2, Superintendent of Customs and their party belonging to Rameswaram Customs Office, on a tip-off, proceeded to the house of the first accused Muthunachi in Vilayattu Mariamman Koil Street, Rameswaram, on 18-12-2003 at 10.00 a.m. along with two independent witnesses P. Ws. 3 and 4. When they entered into the house, 1st accused Muthunachi and 2nd accused were present. They asked 1st accused whether a person belonging to Srilanka had been staying in her house for the past few days and they had to enquire about it. 1st accused promised to extend her full co-operation. On enquiry, 2nd accused told that his father is one Gonsal alias Stephen, that he came to Dhanushkodi Kambipadu Seashore from Srilanka by a country boat belonging to one Kandasamy and with the help of the said Kandasamy, he identified the house of 1st accused and was staying there and that one Gunasekaran residing in Chettiar Street, Ceylon approached him and asked him to Smu
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