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1. The facts in this case are shortly as follows: On the 25th October, 1958 one of the Customs officers at Dum Dum Airport, while examining a wooden case declared to contain rosogolla, achar, papar and dried vegetables under cover of Shipping Bill No. A. E. F. No. 761 dated 18-10-58 and consignment Note No. 085/SR 1082755 to be shipped to Hongkong per Swiss Air, detected Rs. 51,000/- in Indian Currency Notes of hundred rupees denomination concealed in a specially made cavity on the battens nailed to the inner sides of the case.

2. In the shipping bill, the consignor was shown to be one Ramghawan Singh, Karnani Mansions, Park Street, Calcutta, and the consignee was shown to be one Iswarlal, 41, Wyndh am Street, Hongkong.

It was found from the shipping bill that the case in question was originally to be shipped per M/s Thai Airways Co., Ltd., but it was ultimately booked with the Swiss Air. Enquiries revealed that no person by the name of Kamghawan Singh ever lived or was living in Karnani Mansions at Park Street. The evidence shows that it was a fictitious name. Enquiries made of M/S. Thai Airways Co., Ltd., and Indian Airline Corporation revealed that during the Puju holidays an elderly person had been to their office with a wooden case on three days for booking the same. This same person had been to their office in connection with the booking of another case declared to contain images of Gods under cover of consignment note No. 085/SR 1082754. This man had signed the consignment note in the presence of the officers. A loader of M/s Thai Airways Co. Ltd. and the Traffic Assistant of the Indian Airline Corporation, stated that they would be able to identify the person. In fact, they identified Sri Bhagwandeo Tewari employed by M/s Agrawal Trading Corporation of 191, Harrison Road, Calcutta. Thereupon, the Customs Authorities took out a search warrant from the Chief Presidency Magistrate of Calcutta under Section 172 of the Sea Customs Act and the office of the petitioner firm was searched as also the residence of the partners, On scrutiny of the documents seized the following facts appeared: (1) On 22-10-58 Bhagwandeo Tewari had been to M/s Thai Airways Co. Ltd., with a case, for which he had to pay rickshaw, and Taxi fare and coolie charges, which were recorded in the books of the petitioner firm. (2) On 24-10-58 Bhagwandeo Tewari had been to the office of the India Airline Corporation and incurred similar expenses which were only recorded. (3) From the attendance register of the petitioner firm, it was found that Bhagwandeo Tewari was the cashier of the firm. In fact, he admitted his handwriting in the books of account. (4) On comparison of the specimen writing of Bhagwandeo Tewari with the signature (signed as Ram Chandra) on the consignment notes regarding No. 085/SR 1082754 and No. 085/SR 1082755, it was found that the specimen writings and the signatures were in the same hand. A typed authority letter dated 24-10-58 accompanying the said consignment notes compared with a letter written by the petitioner firm and duly signed by Giridharilal Gupta one of the partners, showed that they were typed on the same typing machine. (5) Enquiries revealed that the case, booked under consignment Note No. 085/SR 1082754, said to contain images of Gods was sent in the name of Radhey Shyam of 201, Mahatma Gandhi Road, Calcutta, but that no such person ever resided at the said place, and it was a fictitious name. (6) During the course of search of premises No. 11B Jatindra Mohan Avenue, a duplicate shipping bill No. A. E. F. 910 dated 25-10-58 was discovered, taken in the name of one Gopikrishna Tai of 11, Beadon Street, Calcutta, but enquiries revealted that no such person resides or ever resided at the said place. (7) It appeared from an account-slip seized during the search that besides the expenses incurred by Bhagwandeo Tewari in connection with the cases which he took to the Indian Airline Corporation and Thai Airways Co. Ltd. a sum of Rs. 127-73 np. was shown as expenditure against the words "Hongkong Lagaya", the said sum being the exact freight paid for the case covered by the consignment Note No. 085/SR 1082755 containing the currency notes.