USHANES NRUPENDRA MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition, the petitioner has prayed that the order dated 29/1/1999 passed by the Chief Metropolitan Magistrate in Criminal Case No. 208/cw/91 rejecting his application for discharge be quashed and set aside. He has also prayed that the complaint being C. C. No. 208/cw/91 pending on the file of the Chief Metropolitan Magistrate, Esplanade, Mumbai, be quashed.

(2.) THE petitioner was working as Superintendent in the Indian Airlines. At the relevant time, the Indian Airlines Corporation was acting as Handling Agents of Emirates Airways. It appears that on 26/6/1989, the officers of AIU Customs noticed a blue coloured zipper bag in the check-up area of Department Module I, Sahar Airport, Bombay. The bag was brand new and it was in unlocked condition giving rise to suspicion. Enquiry was conducted in respect of the ownership of this bag and one passenger Mr. Ismail Moiddin Shaikh was contacted on the basis of the baggage tag of the said bag by the Customs. He acknowledged the ownership of the said bag, which was checked in at the ticket checking counter of the Airlines. The said Mr. Shaikh was found in possession of Emirates Air Ticket for Mumbai-Dubai-Mumbai. The air ticket showed that the said Mr. Shaikh had one checked-in baggage showing Sr. No. 82. The said ticket also showed small torn portion of baggage identification tag affixed to it. Mr. Shaikh admitted the ownership of the said bag as his. The said bag was then examined. Indian currency and foreign currency of various denomination equivalent to Rs. 11,19,836. 70 was found concealed in the false bottom of the said bag. The currency notes were seized under reasonable belief that they were attempted to be smuggled out of India and so they were liable for confiscation under the provisions of the Customs Act, 1962 read with the Foreign Exchange Regulation Act, 1973.

(3.) ON 26/6/1989, statement of Ismail Moiddin Shaikh was recorded under Section 108 of the Customs Act in which he admitted possession of Indian and foreign currency and its recovery and seizure. He stated that he was carrying it on behalf of one Abdul Razak to Dubai on monetary consideration. He stated that Abdul Razak had given him idea about the modes operandi and told him that he would meet him at the airport on the departure said where one person would come and shake hands with him outside the departure hall and that man would take he said bag containing currencies inside the check-in counter and take care of its despatch. As per the instructions, on 26/6/1989 at about 11 a. m. he reached Sahar Airport and waited outside the departure hall of Module II-A. Mr. Ali Abdul Razak approached him outside the departure hall with a trolley laden with the light blue coloured zipper wheeled bag at about 1. 30 p. m. Thereafter, one person in uniform (the present petitioner) came out and shook hand with Mr. Ali Abdul Razak at about 2. 00 p. m. Immediately, Mr. Ali Abdul Razak signalled him to follow the said person in uniform along with the trolley. He followed the person in uniform by pushing the trolley laden with the bag and reached the Emirates Airline check-in-counter. He then narrated the role played by the present petitioner. He confirmed that the petitioner had torn the baggage identification tag pasted on the ticket and had also scored out check-in-baggage endorsement. Pursuant to this statement, Mr. Ismail Shaikh and the petitioner were arrested on 26/6/1989 by the Customs at the Sahar Airport.