VINOD LUNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since common questions are involved in these three habeas corpus petitions they are being disposed of by a common order.

(2.) A search was carried on 30th March. 1992 by the Central Excise and Custom Department of the field in Khasra No. 176-177/ 1/1 and 177/1/2 in village Deedbara. Tehsil Kishangarh. District Ajmer. Meva Ram was found at spot. He informed the search party that he was employed at Lunia Riding Farm. Pushkar Road. Ajmer and he was keeping the watch in respect of the said field on the instructions of Vinod Lunia. A small portion of field was found to be covered by the branches of Babul tree near the boundary field. The search party removed earth from that place and recovered 40 silver bars each having 5 to 6 length mark PLA 9999. Similarly, at a distance of about 20 yards from the well, a place which was covered by grass, 25 silver bars were recovered and thus total 65 bars having weight of 2333.741 Kg. Valued at Rs. 1,91, 36, 6761 - were recovered, out of which 28 bars were in the jute packing and rest were not covered by any packing. The documents in respect of these bars were not produced and therefore in accordance with the provisions of Custom Act. 1962 the said bars were seized. The statement of Meva Ram was recorded on 30.3.1992. He has stated that on 28/ 29th March, 1992 at about 12.00 in the night Taj Mohammed and Vinod Lunia have brought him on the field which is in the name of Hasan Mohammed father of Taj Mohammed and that the said field has been purchased by Vinod Lunia. After half an hour of reaching on the field a mini truck came having 2 - 3 persons who unloaded the silver bars and burned the silver bars in the field in presence of Taj Mohammed and Vinod Lunia. Taj Mohammed instructed him to keep a watch on the burned goods. All the persons went within an hour. He was brought from Lunia Riding Farm to the field of Hasan Mohammed in a jeep which was driven by Vinod Lunia. He could not say as to whether Taj Mohammed was working as a partner or from where the silver bars were brought by Mohammed and Vi nod Lunia. On 31st March, 1992 registration certificate relating to truck No. RJ01G013 (Eicher Canter) and photo albums were recovered from Lunia Riding Farm Village Leela Sebdi, Pushka Road, Ajmer. The statements of Amar Chand Lunia recorded on 30.3.1992 and Sunil Lunia on 22.4.1992 and that of Hasan Mohammed on 12.9.1992. The statement of Babu Lal an employee of Lunia Riding Farm was also recorded on 31.3.1992 in which he has stated that Meva Ram has gone in the night of 28129th March, 1992 with Vinod Lunia in jeep and Taj Mohammed was also with him. Taj Mohammed has left the Eicher Canter at Lunia Riding Farm on 30.3.1992 and has gone in the morning of 31.3.1992 at 6.00 a.m. towards Pushkar and has not come back. The said truck was found on 31.3.1992 abandoned at village Tilora near Health and Family Centre. The said truck was having the concealed cavities in the chasis. On 31.3.1992 the search party went to the residential premises of Vinod Lunia. The said house was found locked and therefore it was sealed. Meva Ram was ordered to be released on ball by the High Court on 28th May, 1992 and on the same date he sent a letter retracting his earlier statement by stating that Vinod Lunia has no concern with the silver.

(3.) In a petition filed by Taj Mohammed before the District & Sessions Judge, Jaipur for anticipatory bail it was stated that he was carrying on the goods used in the studd farm by his truck and that the said farm and restaurant are at Pushkar Road, Ajmer and are owned by Vinod Lunia and the land of the field was not purchased by Vinod Lunia from him or his family members. Meva Ram was kept for watching the silver bars left by Usuf Bhai and that he had gone to Bombay on 25th March, 1992 for the treatment of his wife and was not at Ajmer and that Vinod Lunia has no concern with the silver. On 13th September, 1992 under Section 108 of the Customs Act, 1962 Taj Mohammed has stated that the seized silver was concealed by him in the field of his father with the help of Meva Ram and he is the owner of truck No. RJO1GO13. Notices were issued to Vinod Lunia on 3.4.1992, 16.4.1992, 12.4.1992, 2.6.1992, 22.6.1992 and 27.6.1992 and lastly on 24.9.1992 by the Superintendent, Central Excise Jaipur at his Ajmer/Bombay addresses for submitting his explanation.