GURNAM SINGH Vs. SUPDT. OF CUSTOMS (PREVENTIVE)

JUDGEMENT

(1.) On 24.09.1993, based on an order passed by the Collector/Commissioner of Customs (Preventive), 2080 kgs of cardamoms of foreign origin, valued at Rs.6,24,000/-, 12,330 kgs of javitir (mace) of foreign origin, valued at Rs.6,16,500/- and 68,000 kgs of cloves of foreign origin, valued at Rs.34,00,000/- was confiscated by the Customs Department, from certain importers.

(2.) Since the Customs Department did not possess any warehousing facility, on the same day i.e. on 24.09.1993, the appellant herein was contacted to keep the above goods in safe custody. On 24.09.1993 itself, he executed a superdnama acknowledging that he was having intimate relations with the importers, and accordingly, based on a mutual consent of the Customs Department as also the importers, he accepted to keep the aforementioned seized articles in his godown and in his physical custody. In executing the above superdnama, the appellant herein undertook as under :

(3.) The pleadings in this case, as also, the factual position emerging out of the orders available on the record of this case indicate that the entire component of javitir (mace) was not available with the appellant. Likewise, a part of the cloves and cardamoms, handed over to him, were also not in his custody. It is, therefore, that a Demand Notice dated 05.09.1995 was issued to the appellant, requiring him to depost the payments in lieu of seizure value, of the deficiency of the goods, which were placed in his custody. On account of the fact, that the appellant did not make the above deposit, Crl.Complaint Case No.142 of 2005 was initiated by the Superintendent of Customs (Preventive), New Checkon, PO Imphal, before the Chief Judicial Magistrate, Imphal, Manipur. The facutal position indicated hereinabove, is apparent from the narration recorded in paragraphs 8 and 9 of the Criminal Misc.Case. Paragraphs 8 and 9 are accordingly extracted hereunder: