G.F.COUTO, J. - (1.) The above three criminal miscellaneous applications directed against the same Order dated 4th September, 1986, passed by the learned Judicial Magistrate, First Class, Daman, issuing process against the petitioners and others in a customs case under section 135 of the Customs Act, 1962, filed against them by the respondent No. 1, give rise to the same issues. Hence, this common judgment.
(2.) The first respondent filed a criminal complaint for offences punishable under section 135 of the Customs Act against the petitioners as well as against one Haribhai Vallabhbhai Tandel and one Nitin Ramanlal Shah alias Popat on the ground that on information received by the Directorate of Revenue Intelligence, Delhi, that one DSouza who was wanted in connection with the seizure of 2 kgs. of hasish was staying at Maurya Hotel at Delhi, the Room No. 645 of the said Hotel was searched on 20th April, 1982. DSouza, one Jogi Mangal and one Haribhai Tandel were found in the said room and on a preliminary inquiry, it was revealed that they had come to Delhi from Bombay in the morning of 9th April, 1982, by the Indian Airlines flight. Further on personal search of the said Tandel some articles, such as a telephone index diary, some loose documents and one Indian Airlines ticket for Bombay-Delhi-Bombay were recovered from his possession. The said loose documents according to the complainant were prima facie revealing the receipt and disposal of massive quantities of smuggled gold as also transfer of huge amounts of sale proceeds through unlawful channels.
(3.) It is alleged that on the basis of such documents, the Directorate of Revenue Intelligence proceeded with the investigation and the same disclosed that Tandel, who is a resident of Nani Daman, has also a flat in Bombay. On interrogation he explained the various entries in the said documents and it was found that during the period starting on 30th December, 1981 and ending on 26th January, 1982, 3810 totals of gold of foreign origin had been sold by Tandel to the accused Mitin. It was further found that 450 gold biscuits valued at Rs. 96,94,725/- as well as another consignment of 523 gold biscuits had been sent from Dubai on account of the accused Pravinchandra Shah. The investigation also revealed, according to the complaint, that the smuggled gold has also been delivered on several occasions to the petitioners Mulchand and Futermal and that gold used to be sent by one Haji Ashraf from Dubai in his launches and landed on the coast on Daman.;