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Raj Kumar Gupta Versus Union Of India

1993 (5) TMI 187 - DELHI HIGH COURT

Criminal Miscellaneous (Main) 809 of 1993 - Dated:- 26-5-1993 - SAT PAL J. Harjinder Singh, Lokesh Sawhney Advocates JUDGEMENT Sat Pal - ( 1. ) This is a petition for grant of bail under Section 439of the Criminal Procedure Code. ( 2. ) The case of the prosecution is that the Directorate of Revenue Intelligence (Hqrs.), New Delhi, received an intelligence report that one consignment which was being imported in the name of Mr. Khalid A1Shorbaji. Attache, Embassy of State of Palestine, contained c .....

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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 stated that for the import of such consignment, he usedto charge ₹ 50,000.00 for each shipment. He also stated that .....

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he contacted co-accused Trilochan Singh Khurana of Diplomatic Agency and in terms of settlement arrived at with him, a sum of ₹ 50,000.00 as commission for each consignment containing gold biscuits was, tobe paid to said Trilochan Singh Khurana. He also stated that in July 1991Trilochan Singh Khurana arranged import of one consignment in the name of one Diplomat and the said consignment contained 750 foreign marked gold biscuits of 10 tolas each and the said biscuits were handed over by t .....

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ne 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 stateme .....

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d harassed and under pressure some papers were signed by him. He also drew my attention to another application filed by the petitioner on the same date before the Duty Magistrate wherein again he alleged that the officers of DRI physically tortured him and made him to write/sign some papers under dictation. He further submitted that in the same way the co-accused Trilochan Singh Khurana also retracted hit statement vide his application dated 26/01/1992 submitted before the Duty Magistrate. Learn .....

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Al Musavi, 1991 (51) ELT 41 anda recent judgment of this Court in Cr- M(M) No. 929 of 1993-Rwf Singhal v. Union of India, 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 D .....

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also the co-accused Trilochan Singh Khurana have already been quashed by a learned Single Judge of this Court on 1 2/02/1992. ( 10. ) He , therefore, contended that in view of the facts mentioned above, the petitioner should be released on bail. ( 11. ) Mr . Sawhney, learned Counsel appearing on behalf of the respondent, submitted that in the present case the recovery and seizure of gold is to the tune of ₹ 3 crores. He further submitted that the cooking range and washing machine were open .....

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attention to the statement of the petitioner recorded underSection 108 of the Act wherein he had given full history as to how he camein contact with Haji of Dubai. The amount of commission he got in theearlier consignment and the amount he would have got in the present consignment has also been stated. ( 12. ) The learned Counsel further submitted that a mere bald statement that the petitioner was pressurised to give a particular statement shouldnot have any effect on point that the statement wa .....

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the other and as a resultof that only one witness out of 11 witnesses could be examined so far. He,therefore, contended that the petitioner is not entitled for bail. ( 14. ) I have given my thoughtful consideration to the submissions madeby the learned Counsel for the parties and have also perused the statements of the petitioner and of the co-accused Trilochan Singh Khuranarecorded under Section 108 ofthe Act. From the statements ofthe petitionerand Trilochan Singh Khurana I find that these sta .....

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s also stated that in the event of specificshipment he was to get ₹ 50,000.00 for such shipment and clarifying themeaning of specific shipment, he stated that it meant where smuggled contraband gold was to come. He has also admitted that at an earlier occasion thepetitioner smuggled over 400/500 packets in the shipment consisting of goldbiscuits alongwith items of electronics. He also admitted that even in thepresent consignment be would have got a sum of ₹ 50,000.00 from thepetition .....

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scuits 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 more than one consignment and on more than one occasioninvolving gold worth crores of rupees as admitted by him in his statement, Iam of the view that it is .....

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ook. A murdermay be committed in the heat of moment upon passions beingaroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community. A disregard for the interest ofthe Community can be manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crim .....

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