ABDUL MAJID Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure. 1973 praying for his being released after setting aside the order of detention dated 30-1-1990.

(2.) On 30-1-1990 the Administrator of the Union Territory of Delhi in exercise of the powers conferred by Section 3(1 ) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) passed an order for the detention of Abdul Majid, petitioner here, to prevent from smuggling goods, preventing him from entering into, transporting, keeping smuggled goods and also from dealing with the smuggled goods otherwise than by engaging in amuggled goods. This order was served on the petitioner on 12-2-1990 when the grounds of detention and the documents relied upon for his detention were so handed over to him.

(3.) Briefly stated the allegations have been that on 22-9-1989 he arrived at Indira Gandhi International Airport, New Delhi, on 22-9-1989 by Air IndiaA-l 808 He declared certain articles and after paying necessary custom duties was coming out of the hall when he was intercepted at the exit gate and on enquiry informed the officials of the Customs that be did not have gold etc. However, on search in the presence of independent witnesses he was found having one gold biscuit, one 10 tola and from the baggage 14 biscuits of ten tolas each were recovered. These were seized and the statement of the petitioner was recorded under Section 108 of the Customs Act.