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Showing contexts for: malad in Husen Bhenu Malad vs State Of Gujarat on 26 February, 2003Matching Fragments
2.2. On the next day, i.e., 21.7.1994, P.W.1 and other BSF officers reached Koteshwar Jetty around 9 A.M. and alighted there from the boat alongwith them. During the inquiry made by P.W.1 with them, he informed them that if they give information regarding smuggling or some illegal activities which may be known to them, they would be released. Thereupon they told that if they were to be released they would show something to the BSF personnel. Thereupon, Husen Malad, A-1 was taken in the BSF Boat with PW 1 and they went in creek area. As per information given by A-1 the boat was taken to Vaniya Vadi creek area where he showed Charas secreted in mud which was recovered. Thereafter around 5 P.M. PW -1 and other BSF officers came back to BSF Camp at Koteshwar with charas. In the BSF camp P.W.1 instructed his subordinate Inspector Tulshasing to inform the fact of recovery of Charas to the Inspector of Customs. Accordingly, this fact was informed to the Customs Department and pursuant thereto Sanjay Baviskar, Customs Inspector and N.C. Bildani, Customs Superintendent came alongwith panch witnesses.Muddamal Charas was thereafter seized after following due procedure and after making panchnama in presence of Panchas. During the aforesaid procedure, police from Narayan Sarovar Police Station reached there and they were handed over to Narayan Sarovar police on 21.7.1994 itself.
P.W.1 - Yashwantsinh Rupsinh - Officer Commanding, BSF, Water Wing, Bhuj- Ex.21.
P.W.2 - Sava Vela Maheshwari - Ex.25.
P.W.3 - Mulji Khimji Joshi - Panch No.2 - Ex. 27.
P.W.4 - Narendra Chandumal, Superintendent of Customs, Kandla - Ex. 28.
2.7. Prosecution also placed reliance on the following documents to prove the culpability of the accused:
Sr. Particulars of documents Ex.
No. No.
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1. Copy of letter F.No.Elops/Seizure/KOT/
94 dated 21.7.1994 of 141 BN BSF
addressed to the Customs Officer,
2. Original seizure panchnama prepared
in presence of panch witness Sava
Vela Maheshwari and Mulji Khimji
Maheshwari before N.C. Bildani,
3. Copy of letter F.No.VII/10-1/KOT/
94/702 of Inspector of Customs,
Koteshwar addressed to Incharge
Police Station, Narayan Sarovar
4. Original report of seizure u/s. 57
of NDPS Act submitted by N.C. Bildani,
Superintendent of Customs, Gadhuli to the
Assistant Collector of Customs, Bhuj
5. Copy of letter F.No.LIB/BA/2665/94
of DSP, Bhuj addressed to the
Assistant Collector, Customs, Bhuj
6. Copy of application in the Court of
CJM, Bhuj (K) bearing F.No.VIII/17-8/
LEGAL/94 for the transfer of custody
of five Pak nationals, dated 6.8.1994. 36
7. Copy of letter F.No. VIII/17-8/LEGAL/
94 addressed to Superintendent of Sub
Jail, Nakhatrana of Superintendent of
8. Original statement of Husen Bhenu
Malad recorded by N.C. Bildani,
Superintendent of Customs, Gadhuli
under Section 108 of the Customs
Act and under section 67 of NDPS
9. Original statement of Siddique Umar
Malad recorded by N.C. Bildani,
Superintendent of Customs, Gadhuli
under Section 67 of the NDPS Act
and 108 of the Customs Act dated
10. Original statement of Aechar Umar
Malad recorded by N.C. Bildani,
Superintendent of Customs, Gadhuli
under Section 67 of NDPS Act and
108 of the Customs Act dated
11. Original statement of Khemu Alaya
Malad recorded by N.C. Bildani,
Superintendent of Customs, Gadhuli
under Section 67 of NDPS Act and
108 of the Customs Act dated
12. Original statement of Hanif Ishaque
Malad recorded by N.C. Bildani,
Superintendent of Customs, Gadhuli
under Section 67 of NDPS Act and
13. Original further statement of
Husen Bhenu Malad recorded by
N.C. Bildani, Superintendent
of Customs, Gadhuli under Section
67 of NDPS Act and
108 of Customs
14. Original further statement of
Husen Bhenu Malad recorded by
N.C. Bildani, Superintendent
of Customs, Gadhuli under Section
67 of NDPS Act and
108 of Customs
15. Original further statement of
Siddique Umar Malad recorded by
N.C. Bildani, Superintendent
of Customs, Gadhuli under Section
67 of NDPS Act and
108 of Customs
16. Report of arrest under Section 57 of
NDPS Act to the Assistant Collector,
Customs, Bhuj by A.R.Chavda,
Inspector of Customs, Gadhuli dated
17. Copy of NCB 1 (Test Report) sent to
FSL, Ahmedabad for testing dated
22.7.1994, alongwith the forwarding
18. Inventory in original in respect of
seized charas prepared before
Executive Magistrate, Bhuj as per
the provisions of NDPS Act dated
19. Original test report received from
FSL, Ahmedabad alongwith letter
addressed to the Superintendent of
Customs, RCP, Gadhuli dated 4.10.94. 34
25.2. In the second statement of A-2 dated 9.8.1994, he gave more details about the first illegal transportation of charas to Pakistan. He stated that in the water of Indian territory where they were doing fishing, many other fishing boats were also there and he knew other persons doing fishing in this area by their face.
25.3. In the statement of Aechar Umar Malad, A-3, in addition to family background and other common details, he also stated that he came in the boat "Abdul Gani" but before that he used to work with A-2 on his boat "Dillagi". He confirmed that on 20.7.1994 he was with Husen Malad A-1 and other persons and they were caught by BSF officers. He also stated that he was to get his share from the sale proceedings of charas and the responsibility of selling charas was taken by A-1.
25.4. In the statement of Hanif Ishaque Malad - A-4, in addition to his family background he stated that he had been doing fishing for the last four months and he did not have his own boat. He stated that he did fishing with A-1. He confirmed that he accompanied Husen Malad A-1 while illegally transporting 225 Kgs. of charas to Pakistan from India on the first occasion. He also confirmed the fact that Husen Malad A-1 handed over Charas to Mohmedkhan Pathan and A-1 was rewarded with Rs.1100/- and he was paid Rs.200 and a new pair of clothes.