Ajaib S.Sethi vs Chief Judicial Magistrate Amritsar

M.L. Singhal, J.

This is a Criminal Misc. Petition No. 8083M/1996 filed by Ajib Singh Sethi whereby he seeks his prearrest bail in complaint Annexure P2.

Facts constituting complaint Annexure P2 under Section 135 of the Customs Act, 1962 filed by Roop Kamal, Inspector of Customs, Land Customs Station Attari Road, Attari, Amritsar against Harinder Singh Kohli and Ajaib Singh Sethi statedly are that on 9.2.1991, Harinder Kohli holder of Indian Passport No. E134784, r/o. 71/162, Tilak Nagar, New Delhi entered India via Pakistan through Land Custom Station Attari Road, in Toyato Crown Car of Model 1988 bearing Registration No. 15405, Engine No. 38264453 and Chassis No. 13003851 accompanied by a group of seven other passengers who were travelling in cars. Sh. Harinder Singh Kohli filed a bill of entry No. 135/91 dated 9.2.1991 for clearance of the aforesaid Car claiming full exemption from payment of customs duty under Notification No. 258/90Cus. dated 23.10.1990 whereunder Indian repatriates from Iran or Kuwait were allowed import of Motor Car through Land Customs Station Attari without payment of duty subject to fulfilment of conditions stipulated therein. As there was prior intelligence reports that the group was importing cars on forged documents, the registration book was thoroughly srutinised and it was found that the said car had been allotted registration No. 3842 in Kuwait in 1988 in the name of Harinder Singh. In the bill of entry, he had declared registration No. 15405 of Iraq. Letter dated 8.1.1991 issued by Indian Embassy of Baghdad, Iraq in the name of Sh. Ajaib Singh Sethi cotraveller of Shri Harinder Singh, revealed that the car bearing Registration No. 3842 of Kuwait belongs to Sh. Ajaib Singh Sethi and not to Sh. Harinder Singh. Expert opinion was obtained for ascertaining the genuineness of the documents. Examination of car by the Expert disclosed that the car was manufactured in April, 1990 and not in 1988 as declared by Harinder Singh in the registration Book prepared on 31.5. 1988. Registration book was, thus, fake according to the Customs Authorities. Shri Harinder Singh failed to produce any evidence documentary or otherwise for the legal importation of the said Car. The same was thus, seized under Section 110 of the Custom Act, 1962 on the reasonable belief that the same was liable to be confiscated under Section 111 of the Act.

From the possession of Ajaib Singh, a handwritten agreement on an ordinary paper was recorded which was signed by Ajaib Singh Sethi and Harinder Singh. According to that agreement, Ajaib Singh Sethi was to pay Rs. 80,000/ to Harinder Singh Kohli for bringing the car to India. This agreement was dated 24.12.1990 signed by Makhan Singh an attesting witness. It was admitted by Ajaib Singh Sethi and Harinder Singh that they had signed that agreement. According to the case of the Customs Authorities, Ajaib Singh Sethi and Harinder Singh Kohli had manuvred with a view to claim exemption from customs duty. They had illegally imported in India one Toyota Crown car of Modal 1988 in contravention of Import (Control) JUDGMENT No. 17/55 (as amended) issued under Section 3(1) of the Imports Imports (Control) Act, 1947 read with the prohibition imposed under Section 11 of the Act and Notification No. 158/90 Cus dated 23.10.1990. Both of them had reason to believe that car was liable to confiscation under the provisions of the Section 111(d) of the Act and they had thus, committed offence under clauses (a) and (b) of Subsection (1) of Section 135 of the Act.

It has been submitted by the learned counsel for the petitioner that the car has been seized by the Customs Authorities. Penalty has been imposed and penalty has been paid. If that is so, there is no reason why there should not be concession of anticipatory bail to the petitioner. It has also been submitted by him that so far as Harinder Singh Kohli is concerned, he had already been allowed bail by this Court.

It has been next submitted by the learned counsel for the petitioner that the petitioner is an old man. He is a diabetic. He was ordered to be taken into custody by the Chief Judicial Magistrate, Amritsar. Moment the Chief Judicial Magistrate pronounced the order that he be taken into custody, he collapsed and became unconscious. Chief Judicial Magistrate then allowed him anticipatory bail for a few days vide order dated 17.4.1996.

It is submitted that while deciding application for anticipatory bail, the Court is required to keep in mind the nature and seriousness of the proposed charges, context of events likely to lead to the making of charges, a reasonable opportunity of applicants, presence not being secured at the trial, a reasonable apprehension that witnesses will be tampered with, the larger interests of public or the State, are some of the considerations for grant of anticipatory bail. It is also the duty of the Court to see that the public does not lose faith in the administration of justice on account of persons involved in heinous crimes being set at large. Although there is no dispute with regard to the considerations which the Court has to keep in mind while allowing anticipatory bail, still the learned counsel for the petitioner has cited Harish Jain v. State and others, 1994(3) RCR 405 decided by the Delhi High Court.

It has been next submitted that it is a compliant case where the sending of the accused to jail will not serve any useful purpose.

Suffice it to say, according to the Customs Authorities, import of the said car was contrary to the provisions of the Import (Control) JUDGMENT read with the prohibition imposed under Section 11 of the Imports and Imports Control Act, 1947. One car is alleged to have been imported by his wife into India. According to the Customs Authorities, on family could imported by Harinder Singh Kohli into India and another car is said to have been import only one car without the payment of Customs Duty. Ajaib Singh Sethi was the owner of this car which was manufactured in 1990. He was made party to proceedings on the strength of the letter recovered from him which showed him to be the owner of the said car.

According to the Customs Authorities, it was deliberate attempt on the part of Ajaib Singh Sethi to help Harinder Singh Kohli and his wife in claiming exemption from Customs duty. They had illegally imported this Toyota Crown Car in contravention of Import (Control) JUDGMENT No. 17/55 (as amended) issued under Section 3(1) of the Imports Exports (Control) Act, 1947 read with the prohibition imposed under Section 11 of the Act and Notification No. 158/90Cus date 23.10.1990.

Keeping in view the allegations of the Customs Authorities that the petitioner had tried to import car into India when they knew that its import was illegal and it was liable to confiscation, I do not think concession of anticipatory bail should be allowed to the petitioner.

So, this criminal miscellaneous application is declined. Direction given earlier is revoked.