AJAIB S. SETHI Vs. CHIEF JUDICIAL MAGISTRATE AMRITSAR

JUDGEMENT

(1.) THIS is a Criminal Misc. Petition No. 8083-M/1996 filed by Ajib Singh Sethi whereby he seeks his pre-arrest bail in complaint Annexure P2.

(2.) FACTS constituting complaint Annexure P2 under Section 135 of the Customs Act, 1962 filed by Roop Kamal, Inspector of Customs, Land Customs Station Attari Road, Attari, Amritsar against Harinder Singh Kohli and Ajaib Singh Sethi statedly are that on 9.2.1991, Harinder Kohli holder of Indian Passport No. E-134784, r/o. 71/162, Tilak Nagar, New Delhi entered India via Pakistan through Land Custom Station Attari Road, in Toyato Crown Car of Model 1988 bearing Registration No. 15405, Engine No. 38264453 and Chassis No. 13003851 accompanied by a group of seven other passengers who were travelling in cars. Sh. Harinder Singh Kohli filed a bill of entry No. 135/91 dated 9.2.1991 for clearance of the aforesaid Car claiming full exemption from payment of customs duty under Notification No. 258/90-Cus. dated 23.10.1990 whereunder Indian repatriates from Iran or Kuwait were allowed import of Motor Car through Land Customs Station Attari without payment of duty subject to fulfilment of conditions stipulated therein. As there was prior intelligence reports that the group was importing cars on forged documents, the registration book was thoroughly srutinised and it was found that the said car had been allotted registration No. 3842 in Kuwait in 1988 in the name of Harinder Singh. In the bill of entry, he had declared registration No. 15405 of Iraq. Letter dated 8.1.1991 issued by Indian Embassy of Baghdad, Iraq in the name of Sh. Ajaib Singh Sethi co-traveller of Shri Harinder Singh, revealed that the car bearing Registration No. 3842 of Kuwait belongs to Sh. Ajaib Singh Sethi and not to Sh. Harinder Singh. Expert opinion was obtained for ascertaining the genuineness of the documents. Examination of car by the Expert disclosed that the car was manufactured in April, 1990 and not in 1988 as declared by Harinder Singh in the registration Book prepared on 31.5. 1988. Registration book was, thus, fake according to the Customs Authorities. Shri Harinder Singh failed to produce any evidence documentary or otherwise for the legal importation of the said Car. The same was thus, seized under Section 110 of the Custom Act, 1962 on the reasonable belief that the same was liable to be confiscated under Section 111 of the Act.

(3.) IT has been submitted by the learned counsel for the petitioner that the car has been seized by the Customs Authorities. Penalty has been imposed and penalty has been paid. If that is so, there is no reason why there should not be concession of anticipatory bail to the petitioner. It has also been submitted by him that so far as Harinder Singh Kohli is concerned, he had already been allowed bail by this Court.