RAJ KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition for grant of bail under Section 439of the Criminal Procedure Code.

(2.) The case of the prosecution is that the Directorate of RevenueIntelligence (Hqrs.), New Delhi, received an intelligence report that oneconsignment which was being imported in the name of Mr. Khalid A1Shorbaji. Attache, Embassy of State of Palestine, contained contraband gold.Accordingly, the said consignment was thoroughly examined in the presenceof said Diplomat which resulted in the recovery and seizure of 300 foreignmarked gold biscuits of 10 tolas each from the cooking range and 200 foreignmarked gold biscuits of 10 tolas each from the washing machine. In hisdetailed note dated 25/01/1992 Mr. Khalid stated that TrilochanSingh Khurana arranged the import of these goods but he denied theknowledge of ownership of 500 gold biscuits.

(3.) It is alleged that the statement of Trilochan Singh Khurana wasrecorded under Section 108 of the Customs Act. 1962 (for short called 'theAct') on 25/01/1992. In his statement he stated that he was dealingin the import of electronic and household articles for Diplomats and Embassay staff and the above mentioned gold was smuggled at the instance of thepetitioner. He also stated that for the import of such consignment, he usedto charge Rs. 50,000.00 for each shipment. He also stated that in July1991 the petitioner smuggled 400/500 pieces consisting of gold biscuitsalongwith items of electronic.