KANWARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Kanwarjit Singh petitioner, has come to this Court in this petition under Article 226 of the Constitution of India read with Section 482 Cr. P.C. for issuance of a writ of mandamus or any other appropriate writ, order or direction so as to quash warrants of arrest issued by the Court of ACMM, New Delhi and the complaint pending in that Court u/s. 135(l)(b) of the customs Act read with Section 85 of the Gold Control Act, 1968 and for issuance of a writ of prohibition restraining the respondents from taking any action on the basis of the said complaint.

(2.) The facts on the basis of which the complaint had been filed against the petitioner and four others may be drawn from Annexure P1. On January 6, 1988, a specific intelligence report was received indicating that Kanwarjit Singh Pehalwan had arranged for the smuggling of 520 foreign marked gold biscuits into the Amritsar sector of the Indo Pak Border which would be reaching Delhi in the evening of Jan 6, 1988 concealed in Truck No. DIL - 1677. In pursuance of the report, Truck No DIL - 1677 was intercepted at Kundli on Delhi - Haryana border by the officers of Directorate of Revenue Intelligence, New Delhi. Multan Singh-accused-5 and Malkeet Singh were the occupants of that track. They along with the truck were taken to the complex of the office of the Directorate of Revenue. Intelligence at CGO Complex. Lodhi Road, New Delhi and search of the truck was carried out in the presence of two independent witnesses and Multan Singh and Malkeet Singh. This search led to the revealing of a cavity ingeniously conceived at the top of the wooden partition separating the driverTs cabin from the rear body of the truck. 01. opening of the cavity 520 foreign marked gold biscuits of 10 tolas each valued at Rs. 2.12 crores approximately were recovered. Since none of the occupants could produce any document showing lawful importation/ acquisition! possession of the said gold biscuits, the same were seized u/s. hOOf the Customs Act, 1962 and the provisions of Gold (Control) Act 1962 on the basis of the reasonable belief that they were smuggled and liable to be confiscated under the Acts. The truck was also seized.

(3.) During the follow up action, Virsa Singh, Nirmal Singh and Satpal Singh were also joined and interrogated and evidence was collected. Virsa Singh-accused 2 in his statement dated Jan 6, 1988 stated that about two years earlier, he had come into contact with Kanwarjit Singh who had employed him in his fields and later on entrusted him with the work of disposal of the smuggled gold. That the gold used to reach Amritsar from Dubai via Pakistan and Harjit Singh, a man working for Kanwarjit Singh, would deliver the gold to him which he would transport to Delhi and the gold would then be delivered to the persons nominated by Kanwarjit Singh. He was receiving Rs. 10,000/- per mensem as his wages for carrying out that job. Arrangement had also been made for his stay at H. No. B-14, Panchwati, Azadpur, Delhi, where two telephones were also installed. He had been receiving delivery of gold and disposing of the same. On Jan 4, 1988, he received a telephone message from Kanwarjit Singh on telephone No. 45650 instructing him to reach Rajpura on the morning of Jan 5, 1988 where Harjit Singh would deliver him 520 foreign marked gold biscuits to be carried to Delhi and that further instructions will be given to him later. On receiving of these instructions, he contacted Prem Motors, Jalandhar on phone where his truck No DIL 1977 was parked and instructed the driver Multan Singh to reach at Bhaba Near by-pass of Rajpura on the noon of Jan 5, 1988. He then proceeded to Rajpura on a car and was accompanied by Nirmal Singh-elder brother of Kanwarjit Singh-and Satpal Singh-accused 4 leaving Nirmal Singh and Satpal Singh to take tea, he himself drove to a Hotel on the roadside at Rajpura and contacted Harjit Singh who delivered 520 gold biscuits to him. He then approached the truck near the Dhaba, drove it to the car parked at some distance and after removing the gold from the Car, concealed it in the cavity of the truck. He again drove the truck back to that Dhaba and handed over the same to Multan Singh with the instructions to take it to Jalandhar, change the tyres, load any cargo and reach Delhi. He himself proceeded to Delhi. After receiving another call from Kanwarjit Singh inquiring about the arrival of the gold, he made a telephonic call to Mullan Singh and gave him the instructions to start for Delhi irrespective of getting any cargo. He learnt about the interception of the truck and the seizure of the gold only when he visited the DRI office on being summoned by the Officers of the DRI.