WIRSA SINGH & ANR. Vs. CC

JUDGEMENT

(1.) THESE are two appeals. One is filed by Shri Wirsa Singh against imposition of penalty of Rs. 10 lakhs and the other is filed by Shri Naresh Kumar against penalty of Rs. 2 lakhs, confiscation of Rs. 11,000/ - Indian currency and Scooter and confiscation of Contessa Car. The facts of the case briefly stated are that specific information was received by the Officers of the Directorate of Revenue Intelligence. They intercepted one Contessa Classic Car. There were two persons sitting in the Car, who disclosed their names as Wirsa Singh and Sarabjit Singh. Two Scooters - one LML Vespa and the other Bajaj Chetak were also found in the same premises. LML Vespa was in possession of Shri Ranjit Singh whereas Shri Naresh Kumar was having custody of Bajaj Chetak Scooter. Search of LML Vespa Scooter resulted in the recovery of foreign currency equivalent to Rs. 46,22,958.40 and search of Bajaj Scooter resulted in the recovery of Indian currency of Rs. 11,000/. Search of Contessa Classic Car resulted in the recovery of foreign currency equivalent to Rs. 12,80,044/ - and Indian currency of Rs. 1 lakh. Statements of S/Shri Ranjit Singh and Naresh Kumar, Wirsa Singh and others were recorded.

(2.) SHRI Ranjit Singh in his statement admitted the recovery of foreign and Indian currency and deposed that he along with Shri Naresh Kumar carried the assorted foreign currency worth Rs. 59 lakhs and Indian currency of Rs. 1 lakh which was the sale proceeds of 110 gold biscuits given to them by Shri Wirsa Singh and Shri Sarabjit Singh; that while they were in the process of exchange of these sale proceeds, they were intercepted by the Officers of Revenue Intelligence. He also deposed that he agreed to sell the gold biscuits for commission of Rs. 350/ - per biscuit with Shri Wirsa Singh and Sarabjit Singh; that Shri Naresh Kumar who is a broker of silver and gold was to get a commission of Rs. 100/ - per biscuit. That previously he received 50 gold biscuits from Wirsa Singh which he sold and delivered the sale proceeds to him and got his commission and paid Rs. 5,000/ - to Shri Naresh Kumar out of it.

(3.) SHRI Naresh Kumar in his statement admitted recovery of foreign currency equivalent to Rs. 60,14,002.40 from the intercepted vehicles. He admitted that he was working as a commission agent for silver; that he met Ranjit Singh 6 months back and accepted his proposal to sell smuggled gold biscuits in the market; that in the past he sold 20 and 50 gold biscuits as given to him by Ranjit Singh, that he sold gold biscuits through Banti Dalai and handed its sale proceeds to Ranjit Singh at his residence that is on 11.6.1995 at 10.30 hrs., he went to Ranjit Singh's house along with the sale proceeds of 110 gold biscuits enclosed in two packets; that after that he went to the material point where the exchange of sale proceeds had to take place; that no sooner on the direction of Wirsa Singh, he had given the packets to Wirsa Singh all of them were over powered and caught by DRI Officers, that Rs. 11,000/ - recovered from his Scooter was his commission.