RAVINDER KUMAR Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) In this writ petition filed under Art.226 of Constitution of India challenge is to the order of detention No. F.5/14/89-Home (P-II) dated February 28, 1989 issued under S.3(I) read with S.2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act') with a view to prevent, the petitioner from smuggling goods and also preventing him from engaging in transporting, concealing and keeping smuggled goods.

(2.) Briefly the grounds on which the petitioner was detained are these :- On 13th May 1988 the petitioner arrived at Indira Gandhi International Airport, New Delhi from Dubai by flight No. AI916. After customs clearance while he was leaving customs Arrival Hall, the petitioner was intercepted on suspicion at the exit gate by the Customs Officer. On being asked whether he was carrying any contraband gold, watches etc., the petitioner replied in negative. On examination of baggage or personal search nothing was found. Nothing incriminating was found on the body of the petitioner but when metal detector was applied, it gave indication of the presence of something metallic inside the body of the petitioner near the rectum. On repeated questions and persuation, the petitioner admitted that he had concealed three gold biscuits of ten tolas each inside his rectum and in the presence of witnesses he eased out one packet wrapped in a polythene sheet which on opening was found to contain three gold biscuits with foreign markings weighing ten tolas each wrapped in carbon paper. A Goldsmith was called who certified the same to be of 24 carat purity and collectively weighing 349.500 gms valued at Rs. 1,10,092-50(MV). The petitioner could not produce any proof of lawful import of the said gold which was seized. The duplicate passport No. C-387444, ticket, baggage tags and customs baggage receipt were also taken into possession by the Customs Officer. The Statement of the petitioner under Section 108 of the Customs Act, 1962 was also recorded on 13th May 1988 wherein while admitting the recovery of the gold in the aforesaid manner, the petitioner inter alia, stated that he had no proof of lawful importation and it was for that reason he had concealed the gold biscuits inside rectum to avoid detection of the gold by customs. He also stated that gold had been brought by him for making profit. He further admitted that he had gone to Dubai three times; and that the 3 gold biscuits had been purchased for 18,000 Dihrams and he wanted to sell the foreign biscuits in the local market at Delhi to earn good return. The visits to Dubai along with the date of departure and arrival, as stated in the grounds of detention, are as follows :- <FRM>JUDGEMENT_2212_CRLJ_1990Html1.htm</FRM>

(3.) The petitioner was arrested on 13th May 1988 under S.104 of the Customs Act, 1962, by the Customs Officer and was produced on 13th May 1988 before the ACMM, New Delhi, and was remanded to judicial custody. The petitioner was ultimately released on bail by orders dated 26th May 1988. A complaint for offences punishable under Ss.132 and 135(1)(a) of the Customs Act, 1962 was filed in the court on 4th August 1988. On the basis of the aforesaid facts and circumstances, the Administrator of the Union Territory of Delhi came to the following conclusion :-