WING COMMANDER V MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Air Force personnel deputed to ferry AN-32 aircrafts from Russia to india, utilized the stoppage on the way at Dubai to purchase dutiable and contraband goods and on detection, the same has resulted in disciplinary action against such service personnel including the petitioner.

(2.) THE petitioner was commissioned in the Air Force in the Flying Branch on 16. 10. 1965. A team of 32 personnel was detailed to ferry three AN-32 aircrafts from Russia to India. The team consisted of three Captains, Wing Commander B. S. Bakshi, Flight Lieutenant S. Katoch and the petitioner, who was also a Wing commander. The team also included one Wing Commander J. Jaggi, who was the logistic Member and Wing Commander A. K. Chaturvedi as the Engineering Member. It is the common case of the parties that before leaving for Russia all the members were given detailed briefing at the Air Headquarters regarding Custom rules and regulations and each member signed a declaration that he had read and understood the same. The rules stipulated that:

(3.) THE routing for bringing the aircrafts to Delhi was through Dubai. The aircrafts after refueling at Dubai landed at Jamnagar on 8. 6. 1988. The DRI officials asked all the crew members to declare the items brought by them. It is the case of the petitioner that he declared the items brought by him and paid duties of Rs. 4,137. 00 while out of other crew members some declared a few items. A search was carried out by the Directorate of Revenue Intelligence, which found a large number of dutiable goods in the aircraft captained by the petitioner. Such dutiable goods were found in the other aircrafts also but in the aircraft of the petitioner apart from dutiable goods, two gold biscuits of hundred grams each were found concealed in a briefcase. These contraband goods were valued at rs. 2,85,260. 00 at the time of seizure. No one claimed the ownership of the gold biscuits and in fact, all the goods were seized. The goods were absolutely confiscated after issuing a show cause notice under Section 124 of the Customs act, 1962 as well as Section 79 of Gold (Control) Act, 1968 by the Collector of customs (Gujarat) on 21. 8. 1989. The conduct of the petitioner as well as the other two Captains was found blameworthy on account of various lapses. The petitioner was found blameworthy on the following grounds: