SHABBIR AHMED NOORMOHAMED SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. By consent rule is made returnable forthwith. The aforesaid 2 petitions filed by husband and wife raise common questions, both of law as well as facts and can therefore, be disposed of by this common judgment. The facts leading to filing of these two petitions are as under :

(2.) THE petitioner in writ Petition No.587 of 1996 i. e. Shabbir, is the husband of the petitioner - Shabana in Writ Petition No.588 of 1996. Both of them are non-residents Indians, stationed at Sharjah. Both arrived on 3rd May 1996 from Sharjah, by flight No. IC 664 and landed at Sahar Airport, Bombay, at about 12.40 hrs. via Ahmedabad. This flight carried passengers from abroad as well as domestic. After alighting petitioner Shabbir was standing in queue at the counter of declaration of gold and silver, while his wife Shabana was standing in queue at the counter of declaration of foreign currency. When foreign currency with Shabana was standing in queue at the counter of declaration of foreign currency. When foreign currency with Shabana was being checked, certain suspicion arose in the mind of the Custom Officials, when she presented her baggage and declared foreign currency of 1. 02,000/- Saudi Riyals and 1,50,000 UAE Dirhams at the currency counter, on interrogation she gave vague reply and initially stated that she was travelling alone, but later on admitted that her husband was also with her and that he was standing at the counter of declaration of gold and silver. On further questioning, she admitted that this foreign currency was given by one Imtiaz, who boarded the said plane at Ahmedabad as a domestic passenger en route, made over a plastic bag containing said foreign currency and same was to be handed over to the said Imtiaz outside the baggage hall after customs clearance. She then pointed out her husband who was standing in the queue. When petitioner- Shabbir was questioned, he stated that he was carrying 42 gold bars of 10 tolas each and wanted to pay custom duty on the said gold for which he had brought US $3180. Shabbir stated that gold did not belong to him but the same was carried on the instructions of one Altaf of Sharjah who had given the same to him to hand over the same to Imtiaz in Bombay after clearance. THEn along with both the petitioners, their baggages, custom officers came out of the baggage hall and outside the exist gate, Shabana pointed out one person as Imtiaz, who was waiting to take delivery. He was accompanied by one Riyaz Patel. Shabana stated that said Imtiaz has made over the said foreign currency to her on way from Ahmedabad to Bombay and that Riyaz Patel is the same person who had come to receive her on earlier occasion on 31-3-1996, when she was cleared by the Customs in Delhi and travelled from Delhi to Bombay as a domestic passenger with gold consignments. THE gold and foreign currency with Shabbir in plastic bag came to be seized by the Custom Officers. On search of Imtiaz, a cellular phone of Motorola make bearing No. S 4767 was found and the same was taken over for the purpose of enquiry.

(3.) A case is made out in each petition that both the petitioners are non residents Indians and Shabbir is serving at Dubai for last 16 years in a hospital and has been drawing a handsome salary as well as doing business of electronic goods on commission basis in spare time. He was receiving salary in excess of 3000 Dirhans plus other emoluments and perquisites. It was the intention of both the petitioners to come back to India and to settle down permanently at Mumbai. The money with petitioner Shabana was hard earned money of her husband and the same was brought for the purpose purchasing a flat in Mumbai. Both the petitioners were coming to India after lapse of over 2 1/2 years. Petitioner Shabana used to come to India to meet her parents and other family members and has a permanent house at Surat.