RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THESE two petitions have been filed challenging the detention of the petitioners in pursuance of detention order date 21-8-1989 passed against the petitioners by the State of U. P. under Section 3 (1) (ii) and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The grounds of detention indicate that on 31-5-1989 the Custom Officials of Gorakhpur had spotted a jeep No. U. T. R. 4083 at Shahjanwa road slightly away from Naugarh from which certain gunny bags were being unloaded. The jeep was surrounded by the custom officials. When the custom officials enquired about the goods which were inside the gunny bags, the occupants of the jeep said that the gunny bags contained foreign chains for pants (zip fasteners) and foreign made buttons made of steel, The custom officials took the jeep to their office along with its driver and cleaner and the two persons travelling on it. The driver was Hari Sewak and the cleaner was Rajendra and the two occupants were the petitioners, Rajendra and Pawan Kumar. The articles from the gunny bags were examined in presence of two independent witnesses. 37,200 imported chains (zip fasteners) and 712 bags of 5 gross each of steel buttons were found from the gunny bags, the value of which was assessed at Rs. 2,48,300/-. When the custom authorities demanded the permit or certificate entitling the petitioners to import these foreign goods into the country, the petitioners failed to produce any such certificate to the authorities. Being satisfied that the aforesaid articles had been illegally imported, the articles were seized and its recovery memo was prepared on 31-5-198 itself.

(2.) IN the statement made by Pawan Kumar, the petitioner, before the custom officials on 31-5-1989, he admitted the recovery of the above mentioned articles from the said jeep. He also stated that he used to collect these imported goods gradually and when his collection was worth Rs. 1,50,000/- then he, according to his own convenience, used to take it to Kanpur where he sold it in the market. Pawan Kumar also stated that the driver and cleaner of the jeep had no idea that there were imported goods in the gunny bags as at the relevant time he had given Rs. 10/- to the driver and cleaner to have tea etc. so that they may not know about the goods loaded on the jeep. When they returned and enquired what was in the gunny bags, he told them that the bags had been filled up with general merchandise etc. Pawan Kumar said that the jeep had been hired at Rs. 150/- for travelling from Ramkola to Gorakhpur. Pawan Kumar, however, also stated that the other petitioner, Rajendra, had full knowledge of the fact that they were carrying the goods to INdia and that for travelling with him from Ramkola to Gorakhpur he would be getting Rs. 500/- for each of the trips to be made. Pawan Kumar admitted that he had been indulging in this activity for the last two years and had put his entire investments in purchasing these foreign goods which he used to sell sometime in Moolganj market of Kanpur and sometimes in Sadar Bazar of Delhi and for each of the trips he earned Rs. 10,000/-. He further admitted that he used to keep the imported goods in the godown of Doctor Sahab near Govind Cinema which he hired for Rs. 125/- per month. He also admitted that to store imported goods in Gorakhpur he had hired a godown at Sabjanwa Road also for which he had paid Rs. 300/- as rent for six months to its owner in one instalment. He also disclosed that none of the owners of the two godowns knew that he was keeping smuggled goods of foreign origin in their godowns. The petitioner, Pawan Kumar also admitted that during the last two years he had taken the smuggled goods to Delhi on 20 or 21 occasions. Pawan Kumar corroborated the statement made by him on 31-5-1989 as also when he made a statement under Section 108 of the Customs Act on 1-6-1989.

(3.) COUNTER affidavits on behalf of the State Government as well as Union of India have been filed.