AMARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed by Amarjit Singh with a prayer that the order of detention dated 6th June, 1990 be quashed and the petitioner be raleased forthwith.

(2.) Briefly stated the facts leading to the filing of this writ petition are as follows:- On 26th January, 1990 Amarjit Singh petitioner arrived at Indira Gandhi International Airport, New Delhi from Dubai by Air India Flight and when he reached near the exit gate of the Customs Arrival Hall was intercepted by Customs Officer. An enquiry was made from, him by the Customs Officer as to whether he was carrying any contraband items like gold or wrist watch. He replied in the negative. A similar enquiry was again made from the petitioner in the presence of two independent witnesses when he repeated his plca of not carrying any contraband. The baggage of the petitioner when checked was not found containing any contraband. The petitioner, however, when checked with the help of the metal detector was found having some metallic substance near his rectum and on further detailed enquiry he admitted having concealed gold in his rectum. The petitioner eased out two egg-shaped objects which on checking was found containing 10 pieces of gold which on weighing were found to be of 290 grams of 24 ct. purity. The petitioner was unable to produce any evidence documentary or otherwise about the lawful import of the recovered gold. The same was, therefore, seized by the Customs Officer on a reasonable belief that it was liable for confiscation.

(3.) Amarjit Singh was examined in terms of Sec. 108 of the Customs Act wherein he admitted the recovery of the aforesaid gold. He has also, inter alia, stated that the said gold was given to him by one Mohan,a cloth merchant in Dubai, which was to be collected by Mohan's man from his house and he was to be paid a sum of Rs. 4000.00 . It was futher stated by him that he had gone abroad 11 times for bringing gold and he was earning about Rs. 2000.00 to Rs. 3000.00 per trip.