SAROJ TANEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mrs, Saroj Taneja peliloncr has assailed the order of detention passed against her on 5th June, 1991 under See.3(1) ot the Conservation of Foreign Exchange arid Prevention of Smuggling Activities Act, 1974 (herein after called the COFAPOSA Act) served on her on 17th July, 1991. Detention order was issued by Shri Mahendra Prasad, Joint Secretary to the Government of India. It is slated therein that with a view to preventing her from smuggling goods it was necessary that she should be detained and kept in custody in the Central Jail, Tihar, New Delhi. With this detention order the grounds of detention were also supplied to the petitioner.

(2.) In nut shell, the case as set up against the petitioner is that the petitioner arrived at Calcutta Airport from Singapore by Singapore Airlines Flight No. SQ-416 on 30th April. 1991. On the same flight SITU. Shakuntla Sodhi was also travelling and alighted at Calcutta Airport with the petitioner. The petitioner and Smt. Sodhi were travelling together and when they proceeded for immigration the authorities became suspicious. The petitioner alongwiih the said Suit.Shankuntla Sodhi were intercepted inside the green channel by the Customs Officers and on investigation an examination of their beggage. it was found that they were having gold biscuits secretely concealed inside the private part of their body. From the said packet which was recovered from the petitioner it was found that it contained six pieces of gold biscuits of 10 cotas each and one cut piece of gold of 70 gms. all with foreign markings, total quantity being 770 gms. (approximately) valued at Rs. 2,68,000.00 . The said goods were sized because it was found that the same was smuggled into India and was liable to confiscation under the provisions of Customs Act, 1902 read with FERA 1973. The petitioner made a voluntary statement on 30th April, 1991 under Section 106 of the Customs Act. In the said statement the petitioner staled that previously she used to go to Singapore and back to Delhi via Calcutta and the gold she brought at the asking of one Sardarji and that she know that Smt. Shakuntla Sodhi was also passed on the gold by the said Sardarji. It was on the basis of this voluntary statement reckorded by the petitioner and Smt. Shankutla Sodhi that the authority came to the conclusion that she was efficient in smuggling gold into India an that it was necessary to arrest her so that she should not indulge any further in smuggling goods. She was further advised that if she so wishes she could make reuresentation against the order of detention to the Central Government and the Advisory Board.

(3.) The challenge to the detention order has been made primarily on the ground that the authority has taken almost one and a half months in executing the detention order which is against the well settled principles of law and, therefore, the detention is bad. Besides this Mr. Ashok Arora appearing for the petitioner also took up other grounds but during the course of arguments he confined his arguments on this ground only.