ARAYATH BARAMBIL MARKKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Arayath Barambil Markkar petitioner has by way of this writ petition cinder Sections 226 and 227 of the Constitution of India read with Sec. 482 of the code of Criminal Procedure prayed that the detention order dated 13th June,1990 by the Adainistrator of Delhi, may be quashed and the petitioner may be ordered to be released forthwith

(2.) Briefly stated the facts leading to the filing of this writ petition are that on 26.2.90 the petitioner arrived at 101 Airport, New Delhi by Gulf Air Flight No. GF-132. The petitioner was near the exit gate on way out when intercepted by a Customs Officer. An enquiry was made from the petitioner by the aforesaid Customs Officer as to whether he was carrying any contraband, like gold, silver, watch to which he replied in the negative The petitioner was, thereafter, taken inside and in the presence of two independent witnesses similar enquiry was made from him to which he replied that he was not carrying with him any contraband. The Customs Officer did not find any incriminating article from his personal search. However, from the baseage one steel cutter was found which being unusually heavy and it was found that there was acavity inside. The cutter was cut on which 32 pieces of yellow metal rods were recovered which on weighing were found to be 8131 grams of 24ct. purity gold. The petitioner was not in a position to product any proof with regard to his lawful importation or possession of the said gold recovered and so it was seized by the Customs Officer after preparing a panchnama.

(3.) The petitioner was examined and his statement under Sec. 108 of the Customs Act was recorded in which he had, inter alia, stated that about his knowledge regarding the presence of the gold inside the cutter which was given to him at Abu Dhabi Airport by one Aslam and that it was to be handed over by him to a person outside the Airport and in turn was to receive a sum of Rs. 3000.00 . The petitioner was arrested and proceedings were started against him.