WP(Crl)599/2007

Page no. 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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WP(Crl) No. 599/2007

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Date of decision : 16.05.2008

SUDHIR MALHOTRA

….… Petitioner

Through: Mr K.K. Sud, Sr Advocate with

Mr Vivek Sood and Mr Arun Goel,

Advocates.

Versus

NCT OF DELHI & ORS

....... Respondents

Through: Ms Mukta Gupta, Standing Counsel for

the State with Mr Rajat Katyal,

Ms Barkha Babbar, Adv. for UOI with

Ms Liny K Nambiar, Adv.

CORAM :-

HON’BLE MR. JUSTICE VIKRAMAJIT SEN

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

1.Whether reporters of Local papers may

be allowed to see the judgment?

YES

2.To be referred to the reporter or not?

YES

3.Whether the judgment should be reported

YES

in the Digest?

RAJIV SAHAI ENDLAW, J

1. The Petitioner was employed as Assistant Grade II with the

Airport Authority of India (AAI) constituted by an Act of Parliament, to

manage Airport and related services including of cargo handling. The

Petitioner, between 19^th January 1998 to 16^th May, 1998 was posted at

the Import Counter of the Cargo Terminal at IGI Airport, New Delhi.

On 17^th June 1998 i.e., after the Petitioner had been transferred from

the Import Counter, two consignments of goods imported in the name

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WP(Crl)599/2007

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of Marita Enterprises and S.N. Impex from Hong Kong were seized by

the Custom Authorities and were found to contain goods and of the

value, otherwise than declared. Investigations revealed receipt by

AAI,

between

December

1997 and

17-06-1998

of

65 other

consignments from the same consignor in Hong Kong to different

consignees in Delhi. However, the AAI neither had the said

consignments nor had any record of delivery thereof. The said 65

consignments had simply disappeared. The role of the Petitioner,

while posted at the Import Counter, thus came under suspicion. The

case against the Petitioner is that the Petitioner knowingly

manipulated the clandestine removal of five out of sixty five

consignments from the Air Cargo Complex, IGI Airport, New Delhi by

generating Bank Challan -cum- Gate Pass (BCGP) and subsequently

cancelling the same and taking advantage of his free access to the

cargo terminal by virtue of his employment with AAI.

2. The Petitioner was arrested on 13^th August, 1998 and

released on bail on 13^th October, 1998. The residence of the

Petitioner was searched on 14-08-1998 which is claimed to have

yielded some documents pertaining to illegal/wrong generation and

subsequent cancellation of BCGP with respect to one consignment.

A criminal complaint of offence under Sections 132 and 135 (1) (a) of

the Customs Act, 1962 was filed against the Petitioner on 11^th June,

1999 and cognizance of which has been taken by the ACMM. A

penalty of Rs 10 lacs was imposed on the Petitioner under Section

112 (b) of the Customs Act vide adjudication order dated

21^st December, 1999. On the proposal of the Customs Department, a

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detention order dated 4^th August, 2000 under Section 3(1) of the

Conservation of Foreign Exchange and Prevention of Smuggling

Activities Act, 1974 (Act) was passed against the Petitioner and six

others, whom the Petitioner is claimed to have abetted. However, the

detention order could be executed against one of the said persons

only. The Petitioner and the others were successful in evading the

service/implementation of the detention order for the last over 7

years.

3. The Petitioner filed criminal writ petition 178/2001 in this

court for quashing and setting aside of the detention order dated

4^th August, 2000. The said writ petition was dismissed vide order

dated 14^th February, 2001 as under :

“This petition has been filed at the pre-detention stage.

In

view

of

the

settled

legal

position

regarding

entertainment of peti