MAHENDRA JAIN PATNI AND Vs. UNION OF INDIA

JUDGEMENT

(1.) The first writ petition is made by a Director of the Company known as M/s. CEE An International Private Limited. According to him, on 12th February, 2002 at 12-30 p.m. some persons disclosed their identity as Officers of Directorate of Revenue Intelligence, Calcutta Zonal Unit raided the office and searched the office premises. Since nothing was found after such search a list was handed over with the note 'Nil'. On the same day search was also conducted at the residence of the petitioner and when again nothing was found there, the similar search list with the remark 'Nil' was handed over. The petitioner was directed to appear in the Zonal Unit on the same day in connection with the enquiry relating to import of one M/s. Chessman Impex Private Limited. A summon was also served on the same day i.e. 12th February, 2002. The petitioner contended that he has got nothing to do in respect of the named company for which search was conducted and summon was issued. The direction in such summons requiring the presence of the petitioner before the appropriate authority on the same day at 5 p.m. was duly complied with.

(2.) The other three writ petitions were made by one Sri Vikash Kumar Jain and others Sri Surendra Nath Gangwal and Sri Samir Saha.

(3.) Mr. Vikash Kumar Jain claimed to be the transporter carried the goods of the concerned company namely M/s. Chessman Impex Private Limited from India to Bangladesh. The allegation is that the Officers of the Directorate of Revenue Intelligence used third degree method to him. By brutal physical assault in the deadly night they forced the petitioner to write maize were carried and exported instead of wire rods. He was further forced to falsely implicate Sri Mahendra Kumar Jain, the petitioner of the first writ petition. Because of such brutal assault he blindly followed the dictate of the officers to save his life. Inspite of being told about his illness and past operation he was not spared. The condition of the petitioner deteriorated in the evening of 12th February, 2002 and only then he was let off at about 9.30 p.m. He was hospitalised. Certain signatures were also obtained by the officers on several printed forms having blank spaces.