BALHAR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present Criminal Misc. No. 43953-M of 2005 preferred by Balhar chand and others is directed against the order passed by the Additional Chief Judicial Magistrate, Jalandhar on 17-12-2003 (Annexure P- 6) and order dated 27-5-2003 (Annexure P-7) passed by the Additional sessions Judge, Jalandhar, whereby he affirmed the order, Annexure P-6 passed by the Additional Chief Judicial Magistrate, jalandhar.

(2.) A quick glance at the facts reveals that tarsem Lal, SI, Police Station Sadar, jalandhar was on patrol duty and was checking the suspected vehicles, he received an information that Balhar Chand @ Billa, balwinder Kumar, Avtar Singh @ Tari and mohan Lai son of Gurdas Ram were distributing the huge hawala money while travelling in a Maruti Car bearing registration no. PB37a-3173 of the white colour in the villages falling within the jurisdiction of Police Station Sadar, Goraya, Phagwara and phillaur. The information so received was recorded and was sent for registration of case which led to lodging of FIR No. 311 dated 27-4-2001 at Police Station Sadar, jalandhar under Sections 411/414 IPC read with Sections 3 (b) and 3 (c) of FEMA Act, 1999.

(3.) A perusal of the record reveals that a cash of total amount of Rs. 11,80,000/- during nakabandi was recovered from Balhar chand @ Billa, Balwinder Kumar, Avtar singh @ Tari and Mohan Lal. The petitioners have relied upon the complaint (Annexure P-2) filed by S. P. Subramanian, assistant Director of Enforcement Directorate, fema, Ministry of Finance, Govt. of India. In the compliant, it has been stated that the statements of Balhar Chand @ Billa, balwinder Kumar, Avtar Singh @ Tari and mohan Lal were recorded under Section 37 of Foreign Exchange Management Act, 1999 read with Section 131 of the Income Tax Act, 1961. Balhar Chand in his statement stated that on 27-4-2001 when he along with his cousin brother Balwinder Kumar and his friend Avtar Singh were going in a Maruti car driven by Mohan Lal, they were stopped by the police personnels near Chungi (octroi post) Paragpur and from their car Rs. 2 lacs were recovered. On his disclosure statement, police took him to his house at bachhowal and recovered a sum of rs. 9,80,000/ -. He further stated that the whole money does not belong to him and out of recovered amount, Rs. 4 Lacs belonged to Balwinder Kumar and Rs. 3,80,000/- belonged to Avtar Singh @ Tari. On the complaint so filed, a show cause notice (Annexure P-3) was issued by the Enforcement Directorate, Foreign Exchange Management act, Government of India. Reply to show cause notice Annexure P-4 was filed. The enforcement Directorate passed order Annexure P-5 in which the following stand of the accused was noticed:-1. Balhar Chand @ Billa