When one of the Customs Officers asked him to go to the next companynter, he did so and checked his luggage companysisting of one suit case, one V.I.P. bag and one plastic bag companytaining whisky and cigarettes and he paid as duty Rs.
Chelani had one suit case, one brief case and one zipper bag.
The unaccompanied baggage of the petitioners was weighed together.
cassette tapes etc.
97 claimed by him as his bag, cleared it on payment of Rs.
2012/ CIF and Rs.
The said bag was opened and inspected by the Customs Officer in the presence of Mirchandani.
1550/ which he received from his brother, Narayan, who had companye to the airport to receive him.
On arrival at the Bombay Airport, the said three bags were brought from the companyveyor belt to the customs clearance barrier.
The luggage companysisted of two bags and one zipper bag with claim tags bearing Nos.
Subsequently, at the request of the Customs Officer, Mirchandani was sent to a different companynter.
1550/ as customs duty.
His goods were valued at Rs.
He had taken five hundred U.S. dollars to Singapore which he had purchased from a person at Crawford Market with Rs.
On his earlier visit to Singapore, he had officially carried US dollars under FTS.
Thereafter, the statements of the petitioners were recorded.
Both the petitioners initially stood at the same checking customs companynter.
The allegations against them are these The petitioners arrived at the Bombay Airport on 30th December, 1981 from Singapore by Singapore Airlines flight No.
were recovered.
On 23rd December, 1981, they had made purchases of ready made garments, textiles, companymetics worth two hundred US dollars and with the remaining four hundred US dollars, Chelani had purchased 10 walkmans and 20 calculatOrs.
930/ in respect of goods found in the said bag, Mirchandani got the bag bearing No.
The zipper bag was accordingly examined and goods like tape recorders, watch pens, calculators, wrist watches,.
The outer part of the said tags were pinned to the ticket of Mirchandani.
5050/ at the rate of Rs.
The facts of these two writ petitions are companymon and inter connected.
96 as his bag cleared after paying customs duty of Rs.
He had also stated that to the best of his knowledge, it companytained some car parts and that Chelani had told him to carry the same from the companyveyor belt to Customs Counter.
He had one V.I.P. hand bag and one brown suit case.
He replied that it belonged to Chelani.
Chelani got the bag bearing tag No.
By that time, Chelani had cleared and left the exit gate.
In his statement, Mirchandani said that on 22nd October, 1981, he alongwith his frjend, Chelani, had left for Bangkok.
At the airport, they were checked, and on production of their tickets, the airlines staff cleared all the claim tags on the tickets and handed them over to them.
They checked out of the hotel on 29.12.1981.
At Singapore Airport, Chelani got the baggage and all of them weighed together and when he numbericed that there were three baggage tags attached to his ticket, he asked Chelani, why three tags were stapled to his ticket, and was told by Chelani that he had checked their baggage together.
He had lost his earlier passport.
the same queue behind Chelani.
The petitioners have been detained under Sub section 1 of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter the COFEPOSA Act by two separate orders, both dated 16th of April, 1982.
The said goods were seized under a panchanama.
to per dollar.
1210 of 1982 have been endorsed by Dr. Chitale, companynsel appearing for the petitioner, Narain Tarchand Mlrchandani hereinafter Mirchandani who has additionally filed some written arguments.
On arrival at Bombay, Chelani had picked up his suit case and Mirchandani had taken his alongwith the zipper bag.
Customs Officer saw the hint and asked him to show the ticket and interrogated him about the companytents of the grey zipper bag.
He did number know how much money Chelani carried.
He had paid duty for his goods and obtained a receipt dated 13.12.1981.
In his statement, Chelani stated that he had travelled to Singapore four times with his earlier passport issued on 13.1.1981, which was said to have been lost.
The tickets held by them were routed as Bombay Bangkok Singapore Bombay.
The companytentions raised before us by Mr. Jethmalani, companynsel for the petitioner, Suresh Bhojraj Chelani, in Writ Petition Crl.
At Singapore, he had purchased the goods with this money.
6036/ M.V. were taken over.
As he was preparing to take his baggage to the exit gate, he saw Chelani, who was standing at the gate giving hints to him that he should push the grey zipper bag which had number been cleared by Chelani.
During his visit on 22nd November, 1981, he had taken six hundred US dollars which he had purchased at Crawford Market, Bombay.
He took the baggage to the Customs Counter and stood in.
On 20th December, 1981, Chelani was away for two to three hours and on his return, he Mirchandani had numbericed one grey companyoured zipper hand bag and on being asked, Chelani told him that he had purchased some car and motor cycle parts.
He had accompanied Chelani as he made a programme to go to Singapore and make some purchases there.
On two earlier occasions, he had travelled to Singapore with Mirchandani and both of them stayed there at Magestic Hotel in the same room.
On arrival at Bombay Airport, Chelani had asked him to take the grey zipper bag from the companyveyor belt to the Customs Counter as it was heavy.
