9911796707
TMI Blog1993 (5) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... very and seizure of 300 foreign marked gold biscuits of 10 tolas each from the cooking range and 200 foreign marked gold biscuits of 10 tolas each from the washing machine. In his detailed note dated 25/01/1992 Mr. Khalid stated that Trilochan Singh Khurana arranged the import of these goods but he denied the knowledge of ownership of 500 gold biscuits. ( 3. ) It is alleged that the statement of Trilochan Singh Khurana wasrecorded under Section 108 of the Customs Act. 1962 (for short called 'the Act') on 25/01/1992. In his statement he stated that he was dealing in the import of electronic and household articles for Diplomats and Embassay staff and the above mentioned gold was smuggled at the instance of the petitioner. He also s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner to arrange a diplomatic consignment so that another lot of gold biscuite could be sent to India and thereafter one order was procured by coaccaged Trilochan Singh Khurana in the name of Mr. Khalid Al Shorbaji.This consignment wag despatched by flight No. EK-702 dated 14/01/1992 which on examination resulted in recovery and seizure of 500 foreign marked gold biscuits as stated above. ( 6. ) Thereafter , both the petitioner and co-accused Trilochan Singh Khurana were arrested on 26/01/1992. ( 7. ) Mr . Herjinder Singh learned Counsel for the petitioner submitted that the present case is based on the statements of the petitioner and of Trilochan Singh Khurana recorded under Section 108 of the Act. He further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia, dated 5/05/1993. ( 8. ) Learned Counsel further submitted that under Section 135 of the Act the maximum punishment is seven years and the petitioner has been injail from 26/01/1992 till 12/01/1993 when he was granted bail because of heart ailment. In this connection learned Counsel drew my attention to the medical certificate issued by Dr. Rakesh Verma. Heart Specialist of Dr. Ram Manohar Lohia Hospital, New Delhi wherein it has been stated that in view of the recent unstable angina the petitioner has been hospitalized from 31.31993 to 24.1993 (CR No. 8875). It is further statedin the certificate that in view of the shortage of beds, he could not be hospitalised for long and he was required to attend the hospital at regular interva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a mere bald statement that the petitioner was pressurised to give a particular statement shouldnot have any effect on point that the statement was not voluntarily given,particularly in view of the fact that the statement is a detailed one. In supportof his submissions learned Counsel placed reliance on a Supreme Court judgment in Hem Raj Denial v. State of Ajmer. AIR 1954 SC 462. ( 13. ) The learned Counsel also submitted that. the complaint was filed against the petitioner and co-accused Trilochan Singh Khurana on 1 8/03/1992 and the case could not proceed as the petitioner and coaccused had been seeking adjournments, on one pretext or the other and as a resultof that only one witness out of 11 witnesses could be examined so far. He, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the detailed statements of both the accused, primafacie, for the purpose of deciding this petition, it cannot be said that these statements were obtained under pressure and coercion. As stated hereinabovethe petitioner is allegdiy not only involved in the present consignment butin his statement he has admitted that on an earlier occasion he was involvedin respect of the consignment of 750 gold biscuits for which he was paidRs. 7,50,000.00 by Haji of Dubai. The fact that the gold was concealed in thecooking range and washing machine at the instance of the petitioner providescorroborative evidence regarding the gold being smuggled from Dubai intoIndia. In view of the fact that the petitioner is involved in the smmugling activities in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quite comprehensive and detailed one and is corroborated by the statement of the co-accused Trilochan Singh Khurana which is again adetailed one. As regards the case of Ravi Slnghal (supra), the ratio of that judgment is also not applicable to the facts of the present case as in thatcase the main point which weighed with the learned Single Judge of this Court was that the petitioner in that case was discriminated inasmuch as the main accused were not apprehended whereas the petitioner was apprehended.But in the present case, there is no allegation of such discrimination. ( 18. ) In the result I find no merit in the petition and the same is dismissed. ( 19. ) The petitioner was granted interim bail granted in January 1993 on the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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