HARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The allegations against Harjit Singh petitioner who seeks pre-arrest bail from this Court under S. 438 of the Code of Criminal Procedure (for short, the Code) are that Crime No. RC/1/90(A) ACU (VI) under Sec.120-B read with Secs. 420, 467 468 and 474, Indian Penal Code, Sec.13(2) read with S. 13(1)(d) of the Prevention of Corruption Act, 1988 and under Ss. 132, 135 and 136 of the Customs Act, 1962, was registered on 30/04/1990, against Messrs Continental Carriers Pvt. Ltd., Messrs Dolman Commercial India Pvt. Ltd., Messrs Satya Enterprises Pvt. Ltd., Prem Kumar, Ramesh Kumar and certain unnamed officers of the Customs Department and certain other unknown persons, wherein the accused persons are alleged to have hatched a criminal conspiracy for illegal import of silver from Singapore to India and that in furtherance of said criminal conspiracy, Messrs Continental Carriers Pvt. Ltd. imported six consignments of silver bars weighing 15600 kgs. valued at Rs. 10,92,00,000.00 approximately form June 198 9/10/1989. The said consignments were imported as Diplomatic Cargo of the Embassy of the Germany People and Republic, New Delhi. The delivery of the above said consignments was taken from AIR Cargo Complex I.G.I. Airport, New Delhi by fraudulently submitting forged documents purported to have been issued by the Embassy of the Hungarian People Republic, New Delhi and forged exemption certificate purported have been issued by the Ministry of External Affairs.

(2.) Another consignment weighing 3699 kgs. of silver bars arrived by KLM Flight No. KL-836, dated 8/01/1989 from Singapore valued at Rs. 2,58,93,000.00 approximately which was also falsely declared as Diplomatic Cargo, on the basis of similar forged documents purported to have been issued by the Embassy of Hungarian People's Republic, New Delhi and forged exemption certificate was imported by Messrs Continental Carriers Pvt. Ltd., Connaught Circus, New Delhi. The said consignment was seized by the Directorate of Revenue Intelligence, New Delhi, because this consignment did not belong to the Embassy of Hungarian People's Republic, New Delhi as they did not import any Diplomatic Cargo on that date. Eight more consignment were imported illegally from Singapore in the name of Embassy of Federal Republic of Germany (7 consignments) and Embassy of Hungarian peoples Republic (1 consignment) during the period June 198 9/07/1990 and delivery was obtained from AIR Cargo Complex, IGI Airport, New Delhi (in case of 6 consignments) and from container Freight Station, Patparaganj (one consignment) in the name of the Embassies as the goods were declared to be diplomatic cargo. The delivery was obtained on the basis of forged bill of entries, exemption certificates of Ministry of External Affairs and other forged documents.

(3.) Another consignment which was being illegally imported from Singapore as diplomatic cargo in the name of Embassy of Federal Republic of Germany was seized by Inland Container Depott., unit of a Customs at Pragati Maidan, New Delhi on 11/07/1990 which was found containing car a/c compressors of the market value of Rs. 57,72,000.00 and 4000 kgs. of silver of the market valve of Rs. 2,66,00,000.00 An attempt was made to obtain delivery of this consignment by using forged bill of entry, exemption certificate and other forged documents but before the delivery could be obtained, the goods were seized.