RAJENDER ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant is an industrialist. He manufactures acrylic yarn, blankets and shawls. The said goods are exportable items. The units of the Appellant are recognized export houses. They were awarded the highest export performance Awards by Wool and Woolen Export Promotion Council for manufacture of the aforementioned goods. The Appellant imported some raw materials on the premise that the imported items would be utilized for manufacture of the goods which were meant for export. A raid was conducted in his residence on 26-5-2004 by the Directorate of Revenue Intelligence (DRI) and he was taken in custody. He allegedly was continuously tortured for two days. During his detention statements under Section 108 of the Customs Act were recorded allegedly under coercion, duress and threat. He was shown arrested on 28-5-2004 and produced before a Magistrate. He was medically examined whereupon marks of multiple injuries on his person were found. After he was remanded to judicial custody by the Magistrate by an order dated 28-5-2004, he retracted his alleged confession stating that the same had been obtained under coercion, duress and torture. He remained under treatment for 45 days out of the total period of 60 days of his judicial remand (the requisite statutory period for filing a complaint). Upon failure on the part of the DRI Department to file a complaint against the Appellant within the statutory period of 60 days, he was enlarged on bail on 28-7-2004. In the meanwhile, his family members were forced to deposit a sum of Rs.60 lakhs as customs duty. Such deposit, however, was made without prejudice to the rights and contentions of the Appellant. Several representations were made by the Appellant stating the aforesaid facts.

(3.) He filed a criminal complaint on 18-2-2005. The Medical Officer concerned was examined in the said proceeding wherein he stated: