JAI NARAIN VERMA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) ON receipt of information from the Delhi Police of recovery of 24 foreign marked gold biscuits of 10 tolas each during the search of the premises situated at E -l/8, Model Town -II, Delhi on 5 -11 -1989, the DRI officers went to the said premises and the police showed them the gold biscuits and in the absence of any proof of licit acquisition/possession/import of the same by any person there, the gold was seized in the reasonable belief of it having been smuggled. The passport of the appellant was also taken over by the DRI officers.

(2.) SHRI Sriram Verma, who was present at that time, revealed that the house belonged to the appellant herein who resided at D -9/3, Model Town HI, Delhi and the seized gold biscuits also belonged to him. The appellant's residential premises were searched but nothing incriminating or contraband was recovered therefrom. Sh. Sriram Verma stated that he was the distant brother -in -law of the appellant and that he is looking after the construction work of the appellant's house at E/l/8, Model Town -IE since February, 1989 and that the appellant used to be accompanied by one Sh. Harish Kumar and appellant had directed Sh. Sriram Verma to keep foreign marked gold biscuits in safe custody whenever brought by Sh. Harish Kumar and return to Shri Harish Kumar whenever he came for collection and that gold biscuits were being brought by Sh. Harish Kumar once a week on an average.

(3.) HE further stated that on 5 -11 -1989, Sh. Harish Kumar has come to the house at 6 AM alongwith a steel 'Dol' containing 24 gold biscuits and asked Shri Sriram Verma to keep the same. Statement of one Shri Ashwani Kumar, who came to the premises during the course of search, was taken in which he deposed that he had known the appellant since 1984 and that he came to know in 1987 that Shri Jai Narain Verma was dealing in smuggled gold. He further deposed that when he came to the premises of the appellant on the date of seizure, he was intercepted by the Police but he had no connection with the smuggled gold. He further stated that he knew that the appellant's brother -in -law i.e. Shri Sriram Verma was supervising the construction of the house.