ASHOK KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this application under Section 482, Cr.P.C. the petitioner has prayed for quashing a complaint in Case No. 1512 of 1997 pending before the special C.J.M. (Economic Offences), Varanasi. The complaint in question was made by Sri A.K. Ranjan, Assistant Commissioner, Customs (P), Gorakhpur, against five persons including the present applicant. The complaint spoke of an alleged offence under Section 135 of the Customs Act (hereinafter referred to as the 'Act') committed on 29-5-1995 at Naubat Trade Tax Check-post in respect of Chinese silk yarn valued at Rs. 38,40,000.00. In addition to the said silk yarn, metal scrap worth more than Rs. 30,000 and a truck No. WMH 4911 valued at Rs. 4,00,000.00 were also seized.

(2.) According to the complainant, the Assistant Commissioner of Customs, on 28-5-1995, the officers of the Directorate of Revenue Intelligence (in short, 'DRI') at Varanasi got some secret information and kept surveillance on the Grand Trunk Road at Parhau, District Varanasi, awaiting arrival of the truck No. WMH 4911. It was brought to the notice of the DRI officers that the truck in question was detained on that date in the trade tax check-post at Naubatpur and the officers rushed to the check-post, contacted the trade tax authorities and took the truck in their custody along with the papers produced by the driver. The materials, as indicated above, were seized but despite chances being given the owner, driver or cleaner of the truck did not come forward to claim ownership of the truck or the goods so seized. It was alleged that the aforesaid Chinese silk yarn was found concealed under metal scrap in the concerned truck.

(3.) The complainant further stated that there were grounds for reasonable belief that the silk yarn was of foreign origin and was smuggled into India from Nepal in contravention of notifications under Section 11 of the Act and, as such, the materials were liable to confiscation. An enquiry/investigation was taken up by the customs officials and the involvement of the accused persons named in the complaint came to light. The truck in question stood registered in the name of Pawan Kumar Khandelwal. He appeared before the concerned officer and made a statement under Section 108 of the Act and had disclosed that in his absence the driver, Ambuj Mahto, looked to the matters relating to the truck. The said truck was loaded with metal scrap on 25-5-1995 at Raniganj in West Bengal by an employee of Deepak Transport Agency of Calcutta and this employee was addressed by his acquaintances as Pandey Ji.