LAWS(MPH)-1994-12-44

TEJPAL K JAIN Vs. UNION OF INDIA

Decided On December 12, 1994
Tejpal K Jain Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Union of India, through Asstt. Collector, Customs and Central Excise, lodged a complaint in the Court of Additional Chief Judicial Magistrate (Economic Offences Court), Indore, impleading five persons as accused, including accused No. 5 Tejpal Singh alias TOM alias TINU, who is the petitioner in this revision petition. According to the complaint, Maruti Car No. DAC 8110 was intercepted on 11-12-1988 at 22.30 hours at Hotel Pallavi situated at 1/1 Green Park, Indore in the presence of two Panch witnesses, when one of its two occupants came out of the said hotel along with the occupant of room No. 207 of Hotel Pallavi Indore. According to the complaint, the occupants of the said Maruti Car had earlier gone inside the hotel to contact the occupant of room No. 207 of the hotel. The persons occupying the said Maruti Car disclosed their identity as Pradeep Singh Walia (accused No. 1) and Harbhajan Singh (accused No. 3). It is alleged that officers of Customs and Central Excise enquired from them as to whether they possess any contraband gold in their possession, they are alleged to have replied in negative. It is further alleged that for safety and security, the aforesaid Maruti Car along with accused persons Pradeep Singh Walia, Harbhajan Singh and Mukesh Singh Rathore and two panch witnesses were escorted to the office of the Central Excise at Manik Bagh Palace, Indore. It is further alleged that the said Maruti Car was searched which resulted in recovery of 200 Foreign Made gold biscuits of 10 tolas each from a cavity on the left side, of the floor of the Car. The aforesaid accused could not produce any proof-documentary or otherwise, in support of legal acquisition/import of the recovered contraband gold biscuits. Total weight of the said biscuits was 23.330 kgs. valued at Rs. 73,48,950/-. In the opinion of the complainant, the aforesaid gold biscuits were smuggled and liable to be confiscated.

(2.) Further story according to the complainant is that in search of accused No. 1 Pradeep Singh Walia, a 'two-rupee' note-and one 'hundred rupee' note containing description 'R.K. Shah - 35136, Two Palwabi H-45/262502' was written in ink. It is alleged that accused No. 1 Pradeep Singh disclosed before Panch witnesses that the said two rupee note was given to him as a token by accused No. 3 Mukesh Singh Rathore at Hotel Pallavi itself for taking delivery of Foreign Made gold biscuits. He is alleged to have stated that he had written the said description on one hundred rupee note at Amritsar. So far as the present petitioner is concerned, it is stated that in his statement recorded under Section 108 Customs Act, he has stated that he knew R.K. Shah since long. He further disclosed telephone number of the said R.K. Shah. In his statement he has further admitted that he had been receiving smuggled foreign made gold from N.K. Jain through a man known as BABA. He is also alleged to have admitted that he had dealings of foreign made biscuits with N.K. Jain on telephone and, thereafter, person named as 'BABA' had delivered 50 and 70 pieces of foreign made gold biscuits during the period August 1988 to Deepawali 1988. It is further alleged that after he sold the said gold biscuits, he made payment of Rs. 45,00,000/- to N.K. Jain, through accused Nos. 3, 4 and one Gyanchand. It is further stated in the complaint that this petitioner has admitted that Indian Air Lines Tickets produced by him were purchased by him in the name of R.K. Shah as per telephonic instructions of N.K. Jain.

(3.) The trial was conducted according to the procedure provided for conduct of warrant cases. During trial the complainant examined three witnesses in support of its case as provided under Section 244 Cr. PC. Documentary evidence was also produced during the said trial.