SUDHIR MALHOTRA Vs. NCT OF DELHI

JUDGEMENT

(1.) THE Petitioner was employed as Assistant Grade II with the Airport authority of India (AAI) constituted by an Act of Parliament, to manage airport and related services including of cargo handling. The Petitioner, between 19th January 1998 to 16th May, 1998 was posted at the Import counter of the Cargo Terminal at IGI Airport, New Delhi. On 17th June 1998 i. e. , after the Petitioner had been transferred from the Import Counter, two consignments of goods imported in the name of Marita Enterprises and s. N. Impex from Hong Kong were seized by the Custom Authorities and were found to contain goods and of the value, otherwise than declared. Investigations revealed receipt by AAI, between December 1997 and 17-06-1998 of 65 other consignments from the same consignor in Hong Kong to different consignees in Delhi. However, the AAI neither had the said consignments nor had any record of delivery thereof. The said 65 consignments had simply disappeared. The role of the Petitioner, while posted at the Import Counter, thus came under suspicion. The case against the Petitioner is that the Petitioner knowingly manipulated the clandestine removal of five out of sixty five consignments from the Air Cargo Complex, igi Airport, New Delhi by generating Bank Challan -cum- Gate Pass (BCGP) and subsequently cancelling the same and taking advantage of his free access to the cargo terminal by virtue of his employment with AAI.

(2.) THE Petitioner was arrested on 13th August, 1998 and released on bail on 13th October, 1998. The residence of the Petitioner was searched on 14-08-1998 which is claimed to have yielded some documents pertaining to illegal/wrong generation and subsequent cancellation of BCGP with respect to one consignment. A criminal complaint of offence under Sections 132 and 135 (1) (a) of the Customs Act, 1962 was filed against the Petitioner on 11th june, 1999 and cognizance of which has been taken by the ACMM. A penalty" of Rs 10 lacs was imposed on the Petitioner under Section 112 (b) of the customs Act vide adjudication order dated 21st December, 1999. On the proposal of the Customs Department, a detention order dated 4th August, 2000 under Section 3 (1) of the Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 (Act) was passed against the petitioner and six others, whom the Petitioner is claimed to have abetted. However, the detention order could be executed against one of the said persons only. The Petitioner and the others were successful in evading the service/implementation of the detention order for the last over 7 years.

(3.) THE Petitioner filed criminal writ petition 178/2001 in this court for quashing and setting aside of the detention order dated 4th August, 2000. The said writ petition was dismissed vide order dated 14th February, 2001 as under: