MANSUKLAL PARMAR Vs. COMMISSIONER OF CUSTOMS, HYDERABAD

JUDGEMENT

(1.) SRI Mansuklal Parmar, a permanent resident of London, arrived alongwith his wife, Mrs. Jyotsna Parmar, from London by flight No. AI 808 via Mumbai at 04:30 hours on 27 -04 -2002 at Hyderabad. They were carrying two checked in baggage (zipper suitcases in black and grey colour), one handbag stroller and another handbag (shoulder bag). After collecting their checked in baggage, they opted for Green Channel, wherein Sri Parmar, carrying one stroller handbag had declared the value of his goods as NIL and his wife, carrying two checked in baggage and one shoulder hand bag, declared the value of her goods as Rs. 10,000/ -. While Shri Parmar and his wife were proceeding towards the exit gate of Customs Arrival Hall, the officers of Air Intelligence Unit intercepted them, near the exit gate, on reasonable belief that they are in possession of some dutiable goods kept in the two checked in baggage. The officers, in the presence of two independent witnesses, questioned Smt. and Sri Parmar whether they had anything to declare for which they replied that they did not have anything to declare, except for some chocolates, food items and personal effects. The officers then opened the baggage of Smt. and Sri Parmar. Examination of their baggage revealed concealment in black polythene sheets of huge quantities of medicines, which were in the form of tablets, capsules, ointments, patches etc. The medicines were concealed in the black polythene sheets of both the top and bottom sides of the two checked in suitcases. The polythene sheets were also placed in between two layers of medicines. The checked in baggage was booked in the name of Shri Parmar. The goods were seized as the same were attempted to be smuggled without declaring to the Customs in contravention of the provisions of the Customs Act, 1962 liable for confiscation under the Customs Act, 1962. During the examination of the baggage the officers found the personal effects of Smt. & Sri Parmar, which were returned to them in the presence of the witnesses.

(2.) STATEMENTS of Sri Parmar and Smt. Jyotsna Parmar were recorded wherein they disclosed they were aware of the facts that dutiable goods found in the baggage cannot be brought. Investigation conducted revealed that the value of the medicines was around Rs. 25 lakhs and the Customs duty involved is around Rs. 10 lakhs. Further investigations in this case with reference to violation of Drug Control order and follow up action was immediately initiated. The said passengers were to be arrested under Section 104 of the Customs Act, 1962 at this stage. However, even before the passengers could be arrested, Sri Parmar got himself inflicted with knife injury on his body on the intervening night of 27th and 28th April, 2002 around 01:00 hours. He was taken immediately to Gandhi General Hospital. Smt. Parmar was also allowed to be with her husband. Both Smt. and Sri Parmar were arrested on 29 -4 -2002 at CDR Hospital.

(3.) HONBLE Spl. Judge for Economic Offences, Hyderabad vide orders dated 5 -6 -2002 favourably disposed the petition filed by the accused by permitting her to go back to London subject to the conditions. The accused requested through their Counsel to adjudicate the case without issue of show cause notice and complete the adjudication proceedings. Both the accused were further questioned on 30 -5 -2002 and their final statements were recorded under summons in which they, inter alia, deposed that on their earlier visits to Hyderabad, they had brought Electronic goods and Medicines and passed through green channel and provided only the physical features of the receiver one Mr. Shiva at Hyderabad that they do not have the address and telephone No. of the said receiver.