NARESH KUMAR SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) Naresh Kumar Seth has filed this writ petition invoking the Jurisdiction under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying that the detention order dated 6th March, 1981 be quashed and he may be ordered to be released forthwith.

(2.) In exercise of the powers under Sec. 3(1) of the Conservation of Foreign Exchange & prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the Act,. Mahendra Prasad, Joint Secretary to the Govt. of India, specially empowered officer passed an order dated 6th March, 1991 for the detention of Naresh Kumar Seth s/o Shri Satpal r/o B-242, Derawal Nagar, Delhi with a view to preventing him from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing smuggled goods.

(3.) Briefly stated facts leading to the filing of this writ petition are that officers of the Directorate of Revenue Intelligence were keeping surveillance on premises No. B-242, Derawal Nagar, New Delhi on the basis of specific information that huge quantity of gold bars of foreign origin were stored in this premises. On 27th February, 1991 the officers of the said Directorate found one person throwing a packet into the gully situated at the rear side of the premises from its terrace which on checking was found containing 10 gold bars of foreign origin of 10 tolas each. Therefore on search of the said premises 120 more gold bars of foreign origin of 10 tolas each were recovered from the store room of the second floor of the premises. The petitioner was unable to provide any documentary proof or otherwise with regard to licit import, acquisition or possession of the said 130 gold bars. On further search of the gully 10 more gold bars of foreign origin were recovered. All the 140 bars of gold of foreign origin were seized by the officers of the Directorate of Revenue Intelligence after preparing panchnama.