PAWAN GOEL Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) This order will dispose of Criminal Misc. (M) 2495/91 (Pawan Goel v. Collectar of Customs, Crl. M (M) 2493 of 1991 (Sushil Goel v. Collector of Customs), and Crl. M.(M) 2494 of 1991 (B. Gurg v. Collector of Customs), since they arise out of the same incident and so can be disposed of together conveniently.

(2.) By way of these applications under Sec. 438 of the Code of Criminal Procedure the petitioners have prayed for being released in anticipation of their arrest in respect of the import of Brass Scrap 'Honey' pursuant to the bill of entry No. (01585 from Jordan by M/s Kunal Metals Pvt. Ltd. S/Shri Pawan Goel, Sushil Goel, B. Garg petitioners and Anil Goel are stated to be the directors of the aforesaid firm.

(3.) The case of the petitioners has been that the Company had imported a consignment of Brass Scrap 'Honey' and the bill of entry was submitted through their agent for clearance. It has also been claimed that the goods in question imported by them are an OGL item and do not require any import licence for the import uf the same and thus they can be imported without any restriction as contemplated under the Import Export Policy. It has also been submitted that the goods were contained in two containers of 16.540 and a 6.700 M/Ts respectively and on examination of the containers the Appraiser at the office of the Assistant Collector of Customs was informed that seal number though intact did not tally with the seal number as brone on the documents in support of the good in question but in spite of this objection the containers were opened by the Appraiser and it was found that each container was having excess weight to the extent of 5 M/T. It has also been pleaded that even before the containers were opened the petitioners had sent a telex to the sender on 1st November, 1991 itself to the effect that there was difference in the seal and a reply was received that the goods under consideration were meant for other supplier but by mistake had been shipped to the petitioners. It is also pleaded that Anil Goel one of the directors was called for joining the investigation and has since been arrested after recording his statement under Sec. 108 of the Customs Act. Apprehending that they may also be arrested the petitioners have filed the present petitions.