ASLAM HABIB Vs. UNION OF INDIA

JUDGEMENT

(1.) In exercise of the powers under 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), the Administrator of Union Territory of Delhi directed that Mohd. Aslam Habib s/o Shri Habib Vali resident of 10. Kedar Building, Room No. 16, 1st floor, Bagty Road, Bombay be detained and kept in custody in the Central Jail Tihar, New Delhi with a view to prevent him from smuggling goods, and also preventing him from engaging in transporting or concealing or keeping smuggled goods. Accordingly an order dated 18th January, 1991 was issued by the Deputy Secretary (Home) Delhi Administration for and on behalf of the Administrator of Union Territory of Delhi. This order was served upon Mohd. Aslam Habib on 9th February, 1991. He was supplied with the order of detention along with the grounds of detention and the documents relied upon in support of his detention.

(2.) Briefly stated the facts leading to the passing of the said order are as under:

(3.) Oil 23rd April, 1990 Mohd. Aslam Habib arrived at Indira Gandhi International Airport, New Delhi from Sharjah and after customs clearance he was going out of the Customs arrival hall. He was intercepted at the exit gate by the Customs Officer who on inquiry was informed by Mobd. Aslam Habib that he was not carrying any gold, silver watches etc. Two respectable persons were however joined and in their presence the baggage of Mohd. Aslam Habib was searched when gold weighing 1279 gramms was found concealed in one juicer, one tool holder of Rowplog bit set and nine pieces of numbering dies. A certificate was obtained of the effect that the recovered gold was of 24 caret purity, valued at Rs. 4,28,465.00 . Mohd. Aslam Habib was not in a position to produce any permit for the lawful import of the said gold which was thus seized by the Customs Officer under Section 110 of the Customs Act under a resonable belief that it was smuggled gold liable for confiscation