UNION OF INDIA Vs. PEERULAL

JUDGEMENT

(1.) This is an appeal filed by the Union of India against the judgment and order passed by the learned Single Judge in S. B. Civil Writ Petition No. 1863/1983 decided on 29/07/1993. By the said judgment and order the learned Single Judge allowed the writ petition and quashed and set aside the show cause notice dated 18/06/1983 (Annexure-4 to the petition) qua the petitioner Peerulal only. The show cause notice was issued under Section 124 of the Customs Act, 1962. The learned Single Judge also directed to restore the seized 479 bottles of Imperial Whisky seized vide seizure memo Annexure R-1/1 and to refund the amount of Rs. 1,200.00 released through the sale of 120 bottles of Beer of the petitioners immediately.

(2.) The respondent No. 1 herein (i.e. Peerulal son of Gordhanji Solanki) was served with a show cause notice dated 18/06/1983 issued by the Assistant Collector, Customs and Central Excise, Jodhpur. The show cause notice was served upon others also, namely, Adam Khan son of Jamal Khan, Mage Khan son of Jeete Khan, Lakhe Khan son of Sher Khan, all of Jaisalmer. Kanhaiya Lal Mehra of Jodhpur, Jethmal of Jodhpur and Jumma Khan of Jaisalmer. It was alleged in the show cause notice that acting on information that on 2/03/1983 Jonga Jeep No. RRN 8716 will carry liquor from Jodhpur to Jaisalmer for illicit export to Pakistan unauthorized route, Nakabandi was arranged. At about 21.15 Hrs. on Jodhpur to Jaisalmer road 20 Kms. Beyond Jodhpur one Jeep was noticed. Signals were given to stop but the jeep did not stop and speeded away. However, it was intercepted by another party by road blocking. On search of the Jeep three persons namely, Adam Khan s/o Jalal Khan, Kudha Bux Mage Khan son of Jeete Khan and Lakhe Khan son of Sher Khan were sitting in the Jeep. The Jeep was brought to Jodhpur Custom Office. When searched in presence of two independent persons, following articles were found :- Description of goods Qty. Value 1. i) Indian made foreign liquor Imperial Whisky (IMFL) made in India 479 bottles 19160.00 ii) Ruby X X X Rum (IMFL) made in India 24 bottles 840.00 2. Silver Tezabi-4 slabs 2.996 Kg. 9375.00 3. Speed King Tape recorder (used made in Japan) One 400.00 4. CASIO LC 786 mini card electronic calculator old and used, Made in Japan One 100.00 5. Cassettes old and used Five 50.00 6. Charlie spray - Made in USA one bottle One bottle 40.00 Total 29965.50 @@@

(3.) The persons who were sitting in the Jeep admitted 'they were carrying Indian made Foreign Liquor from Jodhpur for smuggling to Pakistan'. They could not give any satisfactory reply nor produced any evidence documentary or otherwise to prove lawful acquisition/possession for carrying the said liquor. In presence of witnesses Adam Khan, Mage Khan and Lakhe Khan were asked to produce any documentary evidence regarding legal possession or transportation of the above recovered from their Jonga Jeep but they could not produce. They admitted that they had loaded the liquor from the Garrage of Shri Peeru Lal situated at 7th Road, Sardarpura, Jodhpur and owner of the liquor was Shri Peerulal. Under the reasonable belief that 479 bottles of Imperial Whisky, 24 bottles of Rum and four bears of silver weighing 2.996 kgs. were in the process of being smuggled to Pakistan through route not specified under Section 7(c) of the Customs Act, 1962 and the same was being smuggled out in violation of the provisions of Section 11-K and 11-I and Section 135-A of the Customs Act, 1962 and the goods were liable to confiscation under Section 113 of the Customs Act, 1962 and the persons were liable to be punished under Sections 114 and 135 of the Customs Act, 1962, the goods were seized.