DEPARTMENT OF CUSTOMS Vs. ARVIND KUMAR

JUDGEMENT

(1.) Aggrieved by two orders dated 8th Dec., 2009 and 21st Dec., 2009, the petitioner has filed the present petition under Sec. 482 read with Sec. 483 Crimial P.C. The grievance of the petitioner is two folds, firstly unwarranted remarks against the counsel appearing on behalf of the petitioner in the two orders and secondly, dropping the proceedings against the respondent on his application under Sec. 245(2) Cr.P.C.

(2.) Brief factual matrix of the case is that on 1st Sept., 1997 officers of the Customs Preventive, New Delhi intercepted one Mahender Goyal at the exit gate of domestic airport hall of Delhi Airport on his arrival from Kathmandu via Varanasi. His luggage was opened and examined in the presence of witnesses and it was found to contain 131 pieces of mobile phones (Sony and Siemens), 260 pieces of Chargers and adapters, 400 pieces of 8 M.B. RAM, 100 pieces of MPO cooler with leads, all of foreign origin and empty card board cartons of mobile phones bearing marking as Nokia and Siemens. The above goods valued at Rs. 1,05,20,000.00 were seized since Mahender Goyal had not produced any evidence of legal possession/import of the same. In his statement dated 1st Sept., 1997 Mahender Goyal admitted that he started carrying mobile phones and computer parts from Kathmandu to Delhi for the last one month on the directions of Vijay Saxena and that Vijay Saxena gave him 3 pieces of baggage to carry to Delhi; that he was to deliver the same to one Tony who had a shop by the name M/s Gift Palace in the Municipal Market, Karol Bagh. On 2nd Sept., 1997, he further stated that on reaching Customs arrival hall in Varanasi from Kathmandu, he gave the Customs clearance card (portion of the disembarkation card) to Arvind Kumar, the respondent herein who stamped the same; he paid Rs. 30,000.00 to him for customs clearance and had not obtained any receipt for it. Enquiries from the office of the Air Customs, Varanasi showed that the respondent was on duty as Air Customs Officer on 1st Sept., 1997 and had also attended to the passengers on flight IC-751 by which Mahender Goyal had travelled.

(3.) In his statement dated 18th Feb., 1998, the respondent stated that on 1st Sept., 1997, he was allotted preventive duty for attending departure and arrival of flight IC-752 from Varanasi to Kathmandu and IC-751 from Kathmandu to Varanasi, he did not remember Mahender Goyal and also whether he arrived at the Varanasi Airport from Kathmandu on 1st Sept., 1997. Based on the above, a show cause notice dated 24th Feb., 1998 was issued to Mahender Goyal, Vijay Saxena and the respondent herein proposing confiscation of seized goods under Sec. 111(d) and imposition of penalty under Sec. 112(b) of the Customs Act, 1962. The adjudication authority ordered absolute confiscation of the seized goods and imposed penalties on Mahender Goyal, Vijay Saxena, Tony and his partner and also imposed a penalty of Rs. 2 lakhs on the respondent herein.