RAJ KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition for grant of bail under Section 439 of the Criminal P.C.

(2.) THE case of the prosecution in that the Directorate of Revenue Intelligence (Hqrs.), New Delhi, received an intelligence report that one consignment which was being imported in the name of Mr. Khalid Al Shorbaji, Attache, Embasay of State of Palestine, contained contraband gold. Accordingly, the said consignment was thoroughly examined in the presence of said Diplomat which resulted in the recovery and seizure of 300 foreign marked gold biscuits of 10 tolas each from the cooking range and 200 foreign marked gold biscuits of 10 tolas each from the washing machine. In his detailed note dated 25th January, 1992 Mr. Khalid stated that Trilochan Singh Khurana arranged the import of these goods but he denied the knowledge or ownership of 500 gold biscuits.

(3.) IT is alleged that the statement of, Trilochan Singh Khurana was recorded under Section 108 of the Customs Act, 1962 (for short called the Act') on 25th January, 1992. In his statement he stated that he was dealing in the import of electronic and household articles for Diplomats and Embassy staff and the above mentioned gold was smuggled at the instance of the petitioner. He also stated that for the import of such consignment, he used to charge Rs. 50,000/ - for each shipment. He also stated that in July 1991 the petitioner smuggled 400/500 pieces consisting of gold biscuits along with items of electronic.