TRILOK NATH MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in both these petitions are accused in criminal case No. 1597 of 2000 for offences under Ss. 132, 135(1)(a) and 135(1)(b), 136 of the Customs Act, 1962. They have made request for quashing of the said complaint. Therefore, both these petitions are being disposed of by this common judgment.

(2.) The facts of the case in brief are as follows :- The officers of Directorate and Revenue Intelligence, New Delhi acting on the basis of intelligence information that two trucks containing ball bearings of foreign origin have been unloaded in the premises of M/s Doob Exims, Mawana Road, Meerut and the same had been cleared from I.C.D. Meerut by making false declaration regarding quantity, value and the country of origin, raided the said premises in village Saini, Meerut at 5.00 p.m. on 18-7-2000. They found that one person was trying to flee from the spot by scaling the boundary wall of the premises. He was over powered and taken in to custody, who is petitioner, Pawan Kumar Gupta in Criminal Misc. Application No. 2892 of 2001. The search of the premises resulted in the recovery of ball bearings and roller bearing worth Rs. 3.60 crores approximately. The articles were seized under S. 110 of the Customs act. The voluntary statement of Pawan Kumar Gupta, who was arrested at the spot, was recorded under S. 108 of the Customs act. The name of the other accused including petitioner, Trilok Nath Mittal came to the light from his statement. Their statements under S. 108 of the Customs Act were also recorded and thereafter, he complaint was filed against five accused out of which the present petitions have been filed by the two accused.

(3.) I have heard Sri Akshay Anand, learned Senior Advocate, assisted by Sri Shashank Shekhar, learned counsel for the petitioners and Sri Sanjay Kumar Singh, learned counsel for the opposite party and the learned A.G.A.