RANDHIR SINGH Vs. DIRECTOR OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The facts giving rise to the above mentioned petitions succinctly are that acting on a prior information, the officers of Directorate of Revenue Intelligence, New Delhi, intercepted two trucks bearing registration Nos. CHW-4831 and HRN-2341, which had arrived from Junagarh (Gujarat) at Kapas-hera Terminal Tax Post, Delhi and recovered assorted textiles of foreign origin wholly or mainly made of synthetic yarns. The textiles were recovered from underneath the bags of onions loaded in the above-mentioned two trucks. Mal Singh-respondent in Criminal Revision No. 131/85 was driving truck No. HRN-2341 while one Harbans Singh was driving vehicle No. CHW-4831. Some other persons, namely, Mohan Lal @ Sona, Rajender Parkash Sharma, Jagdish Singh etc. were also present in those trucks. However, the occupants of the aforesaid trucks could not produce any evidence documentary or otherwise showing lawful import, acquisition, possession etc. of the goods of foreign origin mentioned above. The value of the said goods was estimated at Rs. 33,87,740.00 approximately. The goods were, therefore, seized under Section 110 of the Customs Act, 1962 (hereinafter referred as 'the Act') on the reasonable belief that the same were liab le to confiscation under the provisions of the Act. Subsequently, a complaint was instituted against Rajender Parkash Sharma, Mal Singh and Harbans Singh under Section 135(1) (b) (i) of the Act.

(2.) During the course of inquiry in the complaint, Randhir Singh petitioner inCr. M. (M) 496/85 made an application for release of truck No. CHW-4831 claiming to be the registered owner thereof. He, inter alia, contended that he had no knowledge whatsoever of the smuggledoods having been loaded in the said truck. He further pointed out that the truck had been hypothecated with United Commercial Bank, Chandigarh Branch, against an advance amount ofRs.l,89,000.00 and most of the said amount was still due from him. So, he prayed for release of the truck on Superdari basis. His application was vehemently opposed by the Directorate of Revenue Intelligence. It was eventually rejected by the Additional Chief Metropolitan Magistrate, New Delhi, vide order dated 20th April 1985. The learned Additional Chief Metropolitan Magistrate observed in the course of the order that the truck in question had been involved in smuggling activities in a very clandestine manner and textiles worth Rs. 34,00,000.00 (thirty four lakhs) approximately were allegedly recovered. The second application for release of the truck too was rejected vide order dated 3rd May 1985. Hence, he has filed Cr. M (M) No. 496/85 against the aforesaid order of rejection.

(3.) Mal Singh-respondent in Cr. R. No. 131/85 too applied for release of truck No. HRN-2341 claiming to be its registered owner. The said application too was opposed by the Directorate of Revenue Intelligence but he was lucky enough to get a favourable order and the said truck was directed to be release to him on Superdari on his Furnishing Superdagi Nama in the sum of Rs l,50,000.00 (one lakh and fifty thousand only) till the pendency of the criminal proceedings. This time the learned Additional Chief Metropolitan Magistrate observed that :