38.6c New Delhi, India, Wednesday, April 08, 2026
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Voluntary Confessions Under Customs Act Are Valid Evidence for Conviction: SC [Read Judgment]

By Saket Sourav      25 February, 2026 12:54 PM      0 Comments
Voluntary Confessions Under Customs Act Are Valid Evidence for Conviction SC

New Delhi: The Supreme Court of India has upheld the conviction of the accused in a four-decade-old smuggling case involving foreign-made wristwatches, affirming that voluntary confessional statements recorded under Section 108 of the Customs Act, 1962 constitute valid and substantive evidence capable of sustaining a conviction. However, taking into account the advanced age of the surviving appellants, the prolonged pendency of the proceedings, and the period of incarceration already undergone, the Bench reduced the sentence to the period already served.

The case traces its origins to April 30, 1985, when Customs officers at Mandvi, Gujarat, acting on secret intelligence, proceeded to a site near a fisherman’s jetty opposite the Mandvi Gram Panchayat Rest House. Upon excavating two pits on a newly laid road, they recovered two jute sacks containing ten and seventeen packets, respectively. On examination at the Customs House, the sacks were found to contain 777 foreign-made wristwatches of brands including Seiko, Citizen, and Ricoh, along with 879 wristwatch straps, valued at approximately ₹2,22,190.

Subsequent investigation revealed that the goods had been smuggled into India aboard the ship Safina-Tul-Firdaus in the first week of February 1985. Accused Nos. 1 and 2 were identified as the owners of the ship, while Accused No. 3 was its captain. Other accused persons were alleged to have participated in concealing, storing, transporting, selling, or facilitating the disposal of the smuggled goods. A criminal complaint was filed on January 19, 1987, after obtaining sanction from the Collector of Customs, Ahmedabad, against 21 accused persons for offences punishable under Section 135 of the Customs Act, 1962.

The learned Chief Judicial Magistrate, Bhuj-Kachchh, by judgment dated March 26, 2003, in Criminal Case No. 566 of 1987, convicted Accused Nos. 1, 2, 3, 5, 6, 7, and 11 while acquitting the remaining accused. Each convicted person was sentenced to three years’ rigorous imprisonment along with a fine of ₹2,000, with a default stipulation of eight months’ rigorous imprisonment.

The convicted accused preferred appeals before the Additional Sessions Judge, Bhuj, which were dismissed on May 21, 2005. Criminal revision applications were thereafter filed before the Gujarat High Court, which were similarly dismissed by a common judgment dated December 21, 2010, affirming the conviction under Section 135(1)(b)(i) of the Customs Act, 1962.

The appellants then approached the Supreme Court by way of special leave petitions.

Counsel for one of the appellants argued that the conviction was based solely on the confessional statement of one Hussein Mamad Bhadala recorded under Section 108 of the Customs Act, and that in the absence of independent substantive or corroborative evidence, such sole reliance was legally unsustainable. It was additionally submitted that the said witness had been subjected to severe custodial torture during the investigation and had subsequently succumbed to his injuries, with an FIR being registered against the concerned Customs officials for offences including culpable homicide.

Senior counsel for the other appellants pointed out that two of the accused — Aamad Alimamad Paleja and Ismail Alimamad Paleja — had passed away during the pendency of the appeals. He further urged that the surviving appellants were now of advanced age and had already undergone custody of nearly one year, which exceeded the statutory minimum sentence of six months prescribed under the proviso to Section 135(1)(b)(i) as it then stood. It was accordingly submitted that the sentence deserved to be reduced to the period already undergone.

The Additional Solicitor General, opposing the submissions, urged that, given the scale of the smuggling operation, no leniency was warranted in the matter of sentence.

A Bench of Justices Vikram Nath and Sandeep Mehta, after considering the submissions and examining the material on record, affirmed the findings of guilt concurrently recorded by the trial court, the appellate court, and the High Court, holding that they did not suffer from perversity, illegality, or manifest error warranting interference under Article 136 of the Constitution.

On the question of admissibility of confessional statements under Section 108, the Court agreed with the High Court’s reasoning that such statements, if voluntary, are substantive pieces of evidence and do not attract the bar under Sections 24, 30, or 34 of the Indian Evidence Act. Placing reliance on the Supreme Court’s earlier ruling in K.I. Pavunny v. Assistant Collector (HQ), Central Excise Collectorate, Cochin [(1997) 3 SCC 721], the Court held that such statements had led to further discovery of contraband and money, documented through panchnamas and corroborated by the testimony of Customs officers, thereby constituting independent corroborative evidence under Sections 6, 10, and 11 of the Evidence Act.

However, on the question of sentence, the Court took note of the totality of circumstances — the incident being nearly four decades old, the custodial period of approximately one year already undergone by the appellants exceeding the statutory minimum of six months, the prolonged pendency of proceedings, the advanced age of the surviving appellants, and the fact that conscious possession of the smuggled goods was not directly attributed to them.

Holding that further incarceration would be unduly harsh and would not subserve the ends of justice, the Court reduced the sentence to the period already undergone, while affirming the conviction.

Since the appellants were on bail, the Court directed that they need not surrender and discharged their bail bonds.

Case Title: Amad Noormamad Bakali v. The State of Gujarat & Ors.

[Read Judgment]



Share this article:

About:

Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-quashes-criminal-case-against-paediatric-surgeon-who-removed-undescended-testicle-of-one-and-a-half-year-old
Trending Judiciary
SC Quashes Criminal Case Against Paediatric Surgeon Who Removed Undescended Testicle of One-and-a-Half-Year-Old [Read Judgment]

Supreme Court quashes 20-year criminal case against paediatric surgeon, holds prosecution over orchidectomy was abuse of process.

07 April, 2026 02:01 PM
allahabad-hc-seeks-explanation-from-mact-officer-over-6-year-delay-in-motor-accident-compensation
Trending Judiciary
Allahabad HC Seeks Explanation from MACT Officer Over 6-Year Delay in Motor Accident Compensation [Read Order]

Allahabad High Court seeks explanation from MACT officer for blocking widow’s motor accident compensation for over six years despite Lok Adalat order.

07 April, 2026 02:06 PM

TOP STORIES

dhcba-announces-abstention-from-work-on-1st-and-3rd-saturdays-opposes-delhi-high-courts-mandatory-sitting-days
Trending Judiciary
DHCBA Announces Abstention from Work on 1st and 3rd Saturdays, Opposes Delhi High Court’s Mandatory Sitting Days [Read Notice]

DHCBA announces abstention from work on 1st and 3rd Saturdays, citing difficulties with Delhi High Court’s mandatory Saturday sittings.

02 April, 2026 01:02 PM
aap-removes-raghav-chadha-as-rajya-sabha-deputy-leader
Trending Executive
AAP Removes Raghav Chadha as Rajya Sabha Deputy Leader

AAP removes Raghav Chadha as Rajya Sabha Deputy Leader, bars him from speaking time; Ashok Mittal appointed amid major internal reshuffle.

02 April, 2026 05:51 PM
husbands-obligation-to-maintain-wife-does-not-extinguish-upon-his-death-allahabad-hc-affirms-widowed-daughter-in-laws-right-to-seek-maintenance-from-father-in-law
Trending Judiciary
“Husband’s Obligation to Maintain Wife Does Not Extinguish Upon His Death”: Allahabad HC Affirms Widowed Daughter-in-Law’s Right to Seek Maintenance from Father-in-Law [Read Judgment]

Allahabad HC rules widowed daughter-in-law can seek maintenance from father-in-law; husband’s obligation does not end with death.

02 April, 2026 05:56 PM
delhi-hc-grants-ex-parte-injunction-to-protect-aniruddhacharya-ji-maharajs-personality-rights-against-ai-deepfakes
Trending Judiciary
Delhi HC Grants Ex-Parte Injunction to Protect Aniruddhacharya Ji Maharaj’s Personality Rights Against AI Deepfakes [Read Order]

Delhi High Court grants injunction against AI deepfakes misusing Aniruddhacharya Ji Maharaj’s persona; directs platforms to remove content.

02 April, 2026 06:49 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email