PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 2.8.1984, two brief-cases, one brown coloured and another black, suspected to contain contraband were found lying in the Air India Export Cargo examination hall of Air India. Both the briefcases were lying on a wooden case without any No., mark or address of consignee and consignor. Shri Neeraj Malik, resident of M-82/B, Malviya Nagar, New Delhi and Shri Narinder Singh, resident of D.5/6, Model Town, Delhi were present on the spot. Shri Neeraj Malik claimed the ownership of the wooden case and informed the Preventive Officers who were making the enquiry stating that he had filed shipping bill No. 34781 dated 2.8.1984 for the goods contained in the said wooden case. The two brief-cases mentioned above were found unlocked Which were open and examined and were found to contain 23 packets of different sizes, wrapped in khaki adhesive tape which on opening were found to contain black colour substance Hashish. The total weight of Hashish was found to be 24 85 Kgs. valued at Rs. 75000/-. As none could produce any authorization or permission for the lawful export of Hashish, the same was, therefore, seized under section 110 of the Customs Act along with brief-cases, packing material and wrappings.

(2.) Similarly, the wooden case lying nearby and the brief-cases lying nearby and tile briefcase carried by Neeraj Malik were also searched and the contents were seized. The entire operation of examination and seizure was conducted in the presence of two independent witnesses and also in the presence of Shri Neeraj Malik and Narinder Singh.

(3.) In their voluntary statements. Shri Neeraj Malik and Narinder Singh admitted the aforesaid recovery, seizure and other incriminating facts. During their examination, they also named Shri Pratap Singh, the father of Narinder Singh as one of the persons concerned in the illegal export of Hashish. There after, the residential premises of Neeraj Malik and Narinder Singh were searched but nothing incriminating was recovered. However, some incriminating documents were recovered and seized from the residence and business premises of Pratap Singh.