BHAVNESH KUAMAR ALIAS PAPPU Vs. UNION OF INDIA

JUDGEMENT

(1.) A very interesting legal point has been raised by Mr. S.S. Dass, counsel for the respondent/Union of India on the maintainability of this petition. According to him even though adjudicating authority has exonerated the petitioner, pursuance to which criminal action intialed by the respondent on the same facts and circumstances cannot be sustained, yet the petitioner should first approach the trial court under Section 245(2) Cr. P.C. instead of invoking the inherent jurisdiction of this Court.

(2.) In order to deal with this contention, in nutshell the case of the prosecution is that on 23rd April, 1988 two trucks Nos. HYO-7141 and HYO 2297 were intercepted by U.P. Police at Ghaziabad Delhi border. 167 gunny bags containing 6012 kgs. of synthetic yarn were seized from truck No. HYO-714.1 and 149 gunny bags containing 5643 kns. of the same material were seized from truck No. HYO-2297. The seized trucks and the yarn were handed over by the police to the Directorate of Revenue Intelligence, New Delhi who seized the goods on 24th April, 1980 under the Customs Act, 1962. Kulwant Singh was the driver of Truck No. HYO-7141. He was arrested pursuant to the same. That that the truck driver Angrej Singh ran away on seeing the police. On interrogation it was found that the two trucks belong to Patiala Transport Company, New Delhi and Shri Ajaib Singh was the partner of the said Transport Company. Case was investigated and the statements of Kulwant Singh, Baldeep Singh alias Kala and Ajaib Singh were recorded. Statement of Shiv Ram sharma and Nihal Singh said to be the employees of the said Patiala Transport Company were also recorded. Residence of the petitioner was raided but nothing incriminating was found. On the basis of the statement of Shiv Ram Sharma and Nihal Singh personal driver of the car of Ajaib Singh, petitioner was implicated. Ajaib Singh in his statement stated that owner of the smuggled goods were Rajesh Gujral alias Rajan and Ramesh Kumar Wadhera. Kulwant Singh driver did not name the petitioner with the offence charged.

(3.) Shiv Ram Sharma in his statement had stated that a week before S. Ajaib Singh had instructed him that he should inform Rajan. or Pappu or Ramesh on telephone Nos. 514155 or 7213766 or 592063 as and when any truck coming from UP side reaches Delhi. Nihal Singh in his statement stated that Ajaib Singh had been transporting foreign goods illegally for Pappu, Rajan and for Ramesh. These goods belong to Pappu, Ramesh and Rajan. They had been keeping foreign goods in their godown at Sanjay Gandhi Transport Nagar, G.T. Kamal Raod. These facts and circumstances as well as the statements were placed before the adjudicating authority who vide its order dated 29th August, 1991 came to the conclusion that no case is made out against the petitioner. In the words of the adjudicating authority which are reproduced as follows: