RADHA GOVIND LASHKARI Vs. COMMISSIONER OF CUSTOMS, JAIPUR

JUDGEMENT

(1.) THE brief facts in this case are that on 30 -5 -89 the headquarters Customs Preventive Officers of Jaipur Commissionerate intercepted a Maruti Gypsy No. RNX -1917 on Jaipur -Delhi Highway at Achrol. The vehicle was occupied by Shri Badri Narain Mandal, Driver and Shri Sarwan Lal Sharma. Both of these persons informed the Customs authorities that they were the employees of M/s. Jamna Lal Lashkari, Jewellers, Jaipur. The vehicle was searched and it resulted in the recovery of Indian currency of Rs. 12 lakhs from the secret cavities in the vehicle. The above said two persons deposed that the currency was brought by them from Delhi and it represented the sale proceeds of smuggled gold biscuits brought by Shri Radha Govind Lashkari alias Shri Govind Lashkari from Bombay and sold in Delhi. They further disclosed that the currency belonged to S/Shri Kishore Lashkari and Govind Lashkari of the aforesaid jewellers firm. The customs authorities seized the Indian currency and the vehicle under Section 110 and Section 115 of the Customs Act, 1962, respectively.

(2.) IN the statement dt. 30 -5 -89 recorded from Shri Sarwan Lal Sharma, he deposed that he has been working with the above said jewellers for the past five years and S/Shri Kishore Lashkari and Govind Lashkari were looking after the work of this firm; that these persons were doing the business by bringing the smuggled gold and silver from Bombay and selling it in Delhi, Agra and Jaipur; that he himself was also doing the same work; that he had gone to Bombay three times with Shri Mohan Lal Lashkari, Shri Bhanwar Lal and Driver Shri Badri Narain Mandal; that Shri Mohan Lal Lashkari had brought foreign marked gold biscuits from one Shri Kamlesh Prakash Bhai; that Shri Govind Lashkari had visited Bombay with his family and Shri Badri Narain Mandal had brought foreign marked gold biscuits; that on 28 -5 -89 Shri Mohan Lal Lashkari along with his two friends and Shri Badri Narain Mandal went to Delhi via Agra and sold some gold biscuits to Shri Pradcep Jain at Agra and the remaining gold biscuits were sold to Shri Sanju Agrawal at Delhi; that after returning to Jaipur, Shri Mohan Lal Lashkari told him to go to Delhi to bring money from Shri Sanju Agrawal to whom the gold was sold; that he along with Shri Badri Narain Mandal, Driver started from Jaipur on 30 -5 -89 and reached Delhi; that at Delhi, he collected Rs. 12 lakhs from Shri Sanju Agrawal and concealed the bundles in the secret cavities of the Maruti Gypsy and proceeded to Jaipur. He categorically stated that the Indian currency of Rs. 12 lakhs represented the sale proceeds of the smuggled gold biscuits. Shri Badri Naraian Mandal, driver corroborated the facts as deposed in the statement of Shri Sarwan Lal Sharma.

(3.) THE statement from Shri Kishori Saran Lashkari alias Kishore Lashkari was recorded on 5 -6 -89/6 -6 -89 who deposed that the said vehicle was owned by the said Jewellers; that the vehicle was generally driven by his younger brother Shri Radha Govind Lashkari and Shri Badri Narain Mandal, Driver; that Shri Radha Govind Lashkari had instructed Shri Sarwan Lal Sharma to go to Delhi with the driver Shri Badri Narain Mandal by Maruti Gypsy in the morning of 29 -5 -89 to get orders for goods and to collect money for the goods already sold by them; that he knew that Shri Sanju Agrawal very well and he was also aware of the secret cavities in the Maruti Gypsy and that the money recovered from the vehicle belonged to Shri Sanju Agrawal.