JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The question which has been seriously debated in this bail application is whether the general rule bail not jailT in non-bailable offences not punishable with death or imprisonment should be applied in smuggling cases of silver and gold, punishable U/s. 135 of the Customs Act, 1962 (hereinafter, referred to as the Act), specially when such activities have greatly increased in the State of Rajasthan on the border areas attached with Pakistan.

(2.) The relevant facts may be set out in brief. On a secret information, a party of customs officers was picketed on ]odhpur-Ajmer road in the night intervening 31.5.1992 and 1.6.1992. At about 1.00 in the night, they saw Truck No. RJ-14/ 9371, going towards Ajmer from Jodhpur. It was the same number which was passed on to the customs authorities by secret information. They d stopped the truck for search, but, the occupants succeeded running away, taking the advantage of darkness. Thereafter, in the presence of two independent persons, the truck was searched. In secret cavity under two speakers which were fitted in the truck, some packets covered by cloth were found which contained 390 biscuits containing foreign marking. These biscuits were got tested from a gold smith, who found that 262 biscuits were of gold and 128 were of silver coated with gold. The contraband articles (biscuits) and the truck were seized by the customs authorities U/s. 110 of the Act. The total weight of the gold of 262 biscuits was 30559.680 grams having value of Rs. 1,27,09,604/-. Similarly, the weight of silver biscuits was found 8077 grams which was valued at Rs. 58,154/-.

(3.) Thereafter, on an inquiry from RTO office at Jaipur, it was revealed that the aforesaid No. RJ14/9371 was of a scooter and not of a truck. Then, on the basis of chasis number, further search was made from RTO office, Ajmer, then, it transpired that the real registration number of the said truck was RNZ 8121 and its registered owner was the accused petitioner, who is a resident of village Baghera in the district of Ajmer. The petitioner was summoned in the Customs Office at Jodhpur, where his statement was recorded U/s. 108 of the Act. In his statement, he admitted that he was the owner of the aforesaid truck, as well as, 390 gold and silver biscuits. He also admitted that the original number of the truck was RNZ 8121. For the seized biscuits, he stated that they were given to him by one Abdul of Jaisalmer and it was to be delivered at Bar-ki-Ghati to one Mahipal who was to be available in a gypsy of green colour. He also stated that for this work, he was to be paid Rs. 25,000/- and that he had changed number plate of the truck. Thereafter, the petitioner was arrested on June 29, 92.