G.S.CHAHAL, J. - (1.) THIS order will dispose of two connected Criminal Misc. Petition Nos. Cr. M-7465-M of 1992 and 6030-M of 1992 filed under Section 482 Cr.P.C.
(2.) IN both the petitions, a prayer has been made for quashing the complaint Annexure P-4 filed by respondent-1 and for quashing of order dated March 6, 1992 passed by CJM, Narnaul, and the order dated April 2, 1992 passed by Sh. S.N. Chadha, Additional Sessions Judge, Narnaul, annexed as Annexures P-3 and P-2 respectively. For the sake of convenience the petitioner Parkash Chand Lunia is hereinafter referred to as accused-3 and Narinder Kumar Lunia as accused-4. The complaint has also been filed against Bishan Dayal referred to as accused-1 and Vishwanath Aggarwal as accused-2.
(3.) THE facts as gathered from the complaint Annexure P-4 may be briefly enumerated as under :- "A huge quantity of silver slabs of foreign origin are alleged to have been stored in a godown situated at village Surana, Rewari Narnaul road and these premises were occupied by the accused Bishan Dayal and his son Vishwanath Aggarwal. The Officers of the Directorate of Revenue Intelligence searched the said premises on the night of 5th/6th January, 1992 in the presence of two independent witnesses in accordance with law. It is alleged that the search resulted in the recovery of 158 silver ingots/slabs of foreign origin weighing 530/384 Kgs and valued at Rs. 4,18.80,933/- besides three moulds and some incriminating articles alongwith Rs. 2,25,000/-. It is alleged that out of 158 silver slabs, 155 silver ingots were bearing markings indication there foreign origin and purity of 999 indicated on them. The remaining three slabs were made from molten ingot of the foreign marked silver. These ingots were tested by an assessor who certified them to be of 999 touch/high purity. It is further alleged that Bishan Dayal and his son Vishwanath could not produce any documentary evidence for import/possession of the aforesaid 158 silver ingots and accordingly these were seized under Section 110 of the Indian Customs Act, 1962. It is further alleged that the accused Bishan Dayal and his son made voluntary statements under Section 108 of the Custom Act, 1962 on 6.1.1992 admitting the alleged recovery and seizure of the above smuggled and foreign marked silver slabs from rented premises in village Suirana, Bishan Dayal also stated that his son Vishwanath runs a jewellery shop in Saraffa Bazar, narnaul, and deals in sale and purchase of silver jewellery and he used to visit Delhi. During these visits, he happened to meet accused-3 Parkash Chand Lunia who is a silver king at Katra Nagin Chand near Chandni Chowk. This accused Parkash Chand Lunia agreed to pay Rs. 70/- per kg. as commission to dispose of the foreign marked silver an by converting the same to 15-15 kg. slabs and to sell them as per his directions. It is further alleged that Parkash Chand Lunia despatched 110 silver slabs of foreign origin which had been melted in the furnace and converted into 15-15 kgs slabs on 19.12.1991. It is also alleged that on 3.1.1992 Parkash Chand Lunia informed Bishan Dayal and Vishwanath regarding despatch of 155 slabs from Delhi which resulted in the alleged recovery. It is further alleged that accused-3 Parkash Chand Lunia used to smuggle silver from Dubai at Ajmer and his son accused-4 Narender Kumar Lunia was looking after the same. On 4.1.1992 Narender Kumar Lunia despatched about 155 silver slabs were concealed in the floor cavity of the truck and 155 silver slabs at Narnaul through Chhagan Bhai and these silver slabs with foreign marking with three silver slabs which were left over of the previous lot were recovered on search on 5th/6th January, 1992. The mould was to covert foreign mark silver slabs in the furnace at village Surana situated at Narnaul into 15-15 kgs. pieces and to despatch the same at the directions of the accused Parkash Chand Lunia. Certain other documents viz. Sunny Exercise Note Book Mark-C and Dimple Exercise Book Mark-D were also recovered form various placed during investigation. It is further alleged that Parkash Chand Lunia was summoned of enquiries under Section 108 of the Customs Act, 1962 on 13.1.1992 but he refused to make any statement and similarly, accused-4 was also summoned but these summons were received unserved and summons has to be pasted at his premises. It is also stated that the import of the silver bullion into India from a place outside India without the general or special permission of the Reserve Bank of India is prohibited under Section 8(1) of the Foreign Exchange Regulations Act, 1974 crossponding to Section 13(1) of the Foreign Exchange REgulation Act, 1973. It is also stated that any silver imported into India contrary to the law is liable to confiscation under Section 111 of the Customs Act, 1962. It is thus alleged that the accused had acquired possession and were concerned in keeping, carrying, purchasing selling and dealing with the aforesaid silver weight 5103. 384 kgs. knowing or having reasons to believe that the same was liable to confiscation and they have committed under Section 135(1)(b) of the Customs Act, 1962." ;