DEELIP V TELISRA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Petitioner challenges his detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the Act' for short) made on 7th November, 1988. He is detained ever since 17th November, 1988.

(2.) On 6-10-1988, the Officers of the Department of Revenue Intelligence, Government of India, tried to stop the car at Nelamangala by-pass road, in which the petitioner was seated along with Shivaji Rao Padaki (petitioner in W.P.HC.14/89); the latter was driving the car towards Bangalore, Since the car did not stop, the Officers chased it and finally stopped it. After the search of the persons, the car was searched. At the office of the Department (to which place, the car and its occupants were brought), the door panel board of the front side door was opened and examined. Two heavy packets were discovered in each of which 25 gold biscuits with foreign markings were found. A certified gold dealer, opined the gold to be of foreign origin, having regard to their quality etc.

(3.) In the statement recorded under Section 108 of the Indian Customs Act, the petitioner and his co-occupant of the car stated that these gold biscuits were given to Shivaji Rao Padakl through one Jayanthilal Vimaichand with Instructions to conceal the gold biscuits in the car, to transport them to Bangalore and dispose off the same. These gold biscuits valued at Rs. 19,00,000/-were therefore seized under a mahazar.