INSPECTOR OF CUSTOMS Vs. UMAR HAJI HASEN

JUDGEMENT

(1.) Both these applications are filed by the Customs authorities for cancellation of bail and are supported by the State through its learned counsels Mr. J. U. Mehta and Mr. K.T. Dave Addl. PPs. Special Criminal Application No.1262/ 86 is directed against the order of the learned J.M.F.C. releasing the first respondent on bail and the Misc. Criminal Application No.25/89 is for cancellation of the bail for breach of conditions on which it was granted earlier and continued.

(2.) The respondent No. 1 is allowed to have been involved in a smuggling transaction wherein the gold worth Rs. 28 crores has been seized gold was to be delivered to first respondent Umar Haji Hasan and his brother Fakirmahomad. The seizure was effected in a dramatic film like chase. On 2 the coast guard officers saw countrycraft named Al-Khalidi in the Indian waters between Porbandar and Jakhau and the same was chased. When the Coast Guard officers gave a signal to the said countrycraft to stop the countrycraft did not comply with the signal and tried to fun away and therefore for intercepting the said countrycraft officers of the Coast Guard had to resort to helicopter and fire arms and ulti- matley the said countrycraft was caught hold of and the crew members were arrested. Two of the crew members were injured in cross-firing and admitted in the hospital at Jamnagar and Porbandar and other members were taken to Bombay. The countrycraft was searched and it was found carrying 75 0 tolas of gold worth Rs. 28 crores. The tow injured crew members namely Swali Ahmed and Mohmed Khalil Pirmahomad were admitted in Porbandar hospital and were subsequently transferred to Jamnagar hospital. Swali Ahmed was the Tandel of the vessel. He in his statement revealed that the gold was to be delivered to one Kasam. The statement of Mohmad Khalil Sir mohamed was also recorded under Section 108 of the Customs Act on 3-12-1988 and he gave details of Kasam who was to take delivery of the said gold and the relationship of Kasam with present respondent No. 1 Umar Haji Hasan and his brother Fakirmahomed Haji Hasan Subhania that Kasam is the nephew of the present respondent No. 1 Mahomed Khalil further stated that the said gold was to be delivered to Kasam and Kasam was to take delivery of the said gold on behalf of respon- dent No. 1 and his brother (the brother was arrested in Bombay an proceedings for bail and cancellation of bail in Bombay High Court will be referred hereinafter). Subsequently the statement of Swali Ahmed (Tandel) was also recorder under the Customs Act and he has also stated that the gold was to be delivered to Kasam who was to receive on behalf of re- spondent No. 1 and his brother. On this information the respondent No. 1 was arrested and pro- duced before the J.M.F.C. Porbandar (his brother was arrested in Bombay). The respon- dent No. 1 submitted an application for releasing him on bail and the same was contested by the Superintendent of Customs by filing an affidavit.

(3.) The learned JMFC by his order dated 14-12-1988 released respondent No. 1 on bail on Rs. 20 0 cash and surety for Rs. 2 0 0 and personal bond of Rs. 1 80 0 on the fol- lowing conditions:-