RAMESH D SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Officers of the Cochin Customs House were keeping a watch on the movement of Shipping Bill No. 0766 dated 15th November, 1989 for export of 100 bundles of Galvanised Fencing wire and 86 Pellets of M.S. Grills hand-made by M.Taraporewala Engineers, Bombay on the basis of suspicion. Cargo was presented for examination in the Ernakulam Wharf at Q. 7 Shed on 16th November, 1989. The Officers of the Customs House searched Room No. 315 of Hotel Dwarka in the occupation of Ramesh D. Shah and Bachan Singh Vig. This search led to the recovery of some incriminating documents which were seized. On enquiry, both Ramesh D. Shah and his companion Bachan Singh Vig admitted concealment of Hashish inside the Pellets of M.S. Grills.

(2.) Accordingly, on 17th November, 1989, at Q-7 Shed of Ernakulam Wharf Cochin Port, a consignment of 186 packages declared to contain 100 bundles of Galvanised Fencing wire and 86 pellets of M.S, Grills hand-made U.S.A. under Shipping Bill No. 0766 dated 15th November, 1989 by the exporter M/s. Taraporewala Engineers. Andheri, Bombay was opened. On examination, out of 186 packages, 74 packages of M.S. Grills purported to be contained 2404 slabs of Hashish weighing 1165. I kg. This Hashish was seized under Section 110 of the Customs Act and Narcotics Drugs and Psychotropic Substances Drugs Act, 1985 (for short the Act).

(3.) Statements of Ramesh D. Shah, Bachan Singh Vig and others were recorded. Arvind D. Shah was arrested on 20th November, 1989 and his bail applications were dismissed.