MEWA SINGH, ASSISTANT COLLECTOR, CUSTOMS Vs. ARUN KUMAR

JUDGEMENT

(1.) ARUN Kumar respondent was intercepted on the night intervening 12th and 13th May, 1990 near Pundri while travelling in his blue Maruti van bearing Registration No. CHF 1499 by a party of customs officials headed by Mewa Singh Assistant Collector. The van was, however, not searched at Pundri due to security reasons and the respondent was brought to Customs Headquarters at Ambala. Ten gold biscuits weighing about 10 tolas each with markings of Swiss Bank Corporation, and 10 chains of gold were recovered from a cavity of panel of left side doors of the van. An amount of Rs. 15,000/- in Indian currency was also recovered from the van. On interrogation of the respondent,5-1/2 biscuits of gold of foreign markings weighing 614.430 gms besides Indian currency worth Rs. 80,000/- were recovered, from the bedroom of the respondent. Thereafter, the respondent was arrested by the Assistant Collector, Customs under section 135 of the Customs Act, 1962. On the basis of the clues provided by the respondent during the investigation, the Customs officials conducted search of the house and business premises of one Bhim Sen Sukhija of Delhi. Because the respondent was required by the Customs officials for further interrogation, he was produced before the Chief Judicial Magistrate, Ambala on 14-5-1989 at about 1 p.m. with a prayer for the grant of police remand for ten days for purposes of interrogation. The learned Chief Judicial Magistrate, however, declined this request and sent the accused to judicial custody vide impugned order, by holding that the recovery of the incriminating articles having already been effected, the accused was no longer required for interrogation by the Customs officials. It was also held that the Customs officials had procured the addresses of the persons from the accused-respondent and they are at liberty to raid the premises of those persons in accordance with law, The factum that the Customs officials did not search the van of the respondent at Pundri or that no case diaries were prepared also weighed with the Chief Judicial Magistrate in concluding that there were not sufficient reasons for remanding the accused to the further custody of the customs officials.

(2.) FEELING aggrieved, Shri Mewa Singh, Assistant Collector Customs has filed this petition under section 482 of the Code of Criminal Procedure for quashing the said order of the Chief Judicial Magistrate and directing the latter to remand the respondent to the custody of the customs authorities.

(3.) ARUN Kumar respondent has filed Cr. M. No. 5125-M of 1990 under section 439 of the Code of Criminal Procedure for his release on bail during the pendency of the trial, contending that due to the staying of the proceedings before the trial Court, the application for bail could not be disposed of by the latter Court. Both these petitions shall be disposed of by this order.