HARINDER PAL SINGH SHERGILL Vs. REGISTRAR, CEGAT

JUDGEMENT

(1.) The conspectus of the facts in epitome, relevant for disposal of the present reference petition and emanating from the record is that, having received the secret intelligence information on 3-8-1998, petitioner Harinder Pal Singh Shergill, who was Pilot/Captain of Air India, was apprehended. On that day, he was assigned the duty of operating Air India Flight No. A1 670, from Mumbai to Trivandrum-Doha-Bahrain and was the Commander of the Air Craft. Having completed all the codal formalities and during the course of personal search, the currency of 61,000 US $ equivalent to India Rs. 25,37,000/- was recovered in a black coloured cloth belt tied around his waist beneath the trousers, beyond the declaration made by him in this respect. Apart from it, US $ 5217 equivalent to Indian currency of Rs. 2,17,027/- were also recovered from his Alba brand wallet. Thus, in all US $ 66217 equivalent to Indian currency of Rs. 27,54,627/- were recovered. The petitioner had no document or RBI's permit to prove the acquisition or possession of the foreign currency, which was seized by the officers of the Customs under panchanama and after following the due procedure.

(2.) The petitioner tried to explain that he was carrying the currency at the instance of Kuttie. One Yakub Mohammed contacted him and delivered the cloth belt containing the currency to be carried to Bahrain for Kuttie. He also gave him one extra cloth belt to be used in case of any damage to his belt. The additional belt was also recovered from his baggage and seized. He also admitted that he brought the currency tied to his waist to the airport by his personal Fiat car bearing registration No. BLN 4518. Accordingly, the vehicle alongwith its documents was also taken into possession and seized under the Act. Petitioner was confronted with copy of passport and photograph of one Kamlesh Vyas, then he admitted that he knew him for the last two years. He was a jeweller by profession and that he had been making jewellery for him (petitioner) and his family. The petitioner also admitted that he is well aware that carrying foreign currency out of India is an offence and he was knowingly committed this offence. He has categorically admitted his guilt and made the statement in this regard under Section 108 of the Customs Act, 1962 (for short "the Act").

(3.) Levelling a variety of allegations, in all, the revenue claimed that the petitioner was smuggling the foreign currency out of India in violations of the provisions of the Act.