MUNNA LAL KHANDELWAL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) REVENUE 's case is that acting on intelligence officers of DRI kept a watch on the persons coming to Kanishka Hotel on 5 -1 -1987 in the evening. They noticed from lobby of the hotel that the appellant herein and Harish Verma had moved up and down in the lift. Thereafter they noticed the appellant moving towards the basement parking lot. A team of officers alongwith two panchas reached the parking lot and found the appellant sitting in Driver's seat in white Maruti Car DDB 5871. They intercepted the appellant there, took his search and found 13 gold biscuits of 10 tolas each from a packet of newspaper found on his person. They also searched a briefcase in the possession of the appellant. On search of the same, 43 more gold biscuits were recovered from the said briefcase.

(2.) IN the meantime, another associate of the appellant, namely Harish Verma had been intercepted by Customs Officers at the reception of the Hotel. He led the Customs Officers to the hotel room No. 1318. The said Harish Verma had himself opened the said room with a key in his possession. In the said room, search of Harish Verma resulted in recovery of 4 gold biscuits from his person. On search of a Safari suit lying in the said hotel room a cloth container was found to contain another 60 gold biscuits.

(3.) A Panchnama of recovery of the gold biscuits (120 in all) was made in the room of the hotel. Preparation of Panchnama went past the midnight upto 0.30 hrs on 6 -1 -1987. Panchas (witness to the recovery) were two persons namely (i) Randhir Singh, Security Officer of the hotel and (ii) Mohan Joshi a Security Guard posted in the hotel at that time.