MOHAMMAD SALIM KHATRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts leading to the passing of the detention order so far as they are relevant are as under.

(2.) Acting on intelligence that various Honda cars are being attempted to be imported surreptitiously and fraudulently thereby defrauding the Government by not producing a proper import licence and not paying customs duty at the appropriate rate, at Air Cargo Complex, I.G.I. Airport, New Delhi, the officers of Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi located nine Honda cars which were lying there pending customs clearance covered under Bills of Entry No. 229848 dated 11.6.92 in the name of Shri Mohammed Ahmed, R/oB-9, Housing Society, South Extension Part I, New Delhi; 225431 dated 18.5.92 in the name of Shri J.M.A. Wahab.R/o 206, Rawali Apartments. Aloknagar, New Delhi-19; 225374 dated 18.5.92 in the name of Shri K.S. Shanmugham, R/0 33E, Munirka, New Delhi; 234386 dated 6.7.92 in the name of Shri Ravi Puthenveetil Sreedharan, R/0 C-24, N.D.S.E. Part-I, New Delhi; 221564 dated 27.4.92 in the name of Shri G.R. Bhumayya, R/o 263, Masjid Motji, South Extension Part II, New Delhi 110049; 238484 dated 28.7.92 in the name of Shri Sheikh Hussain Saheb, R/0 D-19, Krishna Nagar, Deoli Road, Khanpur, New Delhi; 225429 dated 18.5.92 in the name of Shri Panachickal Hassan Anthru, R/o 27/801, Madan Girl, New Delhi-62; 225430 dated 18.5.92 in the name of Shri Paul Daniel Mohandas, 2680 Baradari Balimaran, Delhi-110006 and Air Way Bill No. 220- 6695-7881 dated 26.5.92 in the name of Shri Kolavayal Gangadharan, C-6, Kailash Colony. New Delhi. The said nine Honda cars were seized on 20.8.92 and 22.9.92 under the provisions of Section 110 of the Customs Act,1962 on the reasonable belief that the same 373 are liable to confiscation under the said Act. Summons were issued to the importers in whose names these cars were imported at the addresses given on the bills of entries and Air Way Bill but nobody appeared before the summoning officer. The business premises of M/s Technic Automobiles Pvt.Ltd, was searched on 18.8.92, but nothing incriminating was recovered. Another business premises of the same firm, i.e. M/s Technic Automobiles Pvt Ltd 83/1, Adchini, Aurobindo Marg, New Delhi was searched which resulted in the recovery of certain documents and four keys of Honda cars bearing No. 6279,7330,5892 and 5838. Two of the keys Nos. 6279 and 7330 contained tags mentioning Gulf Airway Bills 072-22756786 and 072-2298-1431 respectively and it was found that the two cars against these air way bills were cleared through Air Cargo Complex, I.G.I. Airport, New Delhi against Bill of Entry No. 203480 dated 22.1.92 in the name of Shri Shyam Lal ShukIa R/o 61, Kallu Sarai, S. Vihar, New Delhi and Bill of Entry No. 221563 dated 27.4.92 in the name of Shri Shaikh Rahim Shaikh Bismillah, R/o 24, Mandakini, New Delhi respectively. On enquiry at the addresses mentioned in these Bills of Entries it was found that no such person lives there.

(3.) The search of M/s Sealand India, Customs House Agent located at 201, Oriental House, 20 Commercial Complex, Gulmohar Park Extension, New Delhi was conducted and as a result certain documents including 8 passports were recovered. Enquiries were caused from respective passport authorities and from the persons whose passports were recovered from M/s Sealand India and it was revealed that none of the persons are genuine importers and their passports were utilised for the purpose of importation of the cars.