BHURPA TSEWANG LAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred a writ petition, under Article 226 of the Constitution of India and has prayed, inter-alia, that writ of Habeas Corpus be issued, quashing an order of detention dated January l6, 1991, passed by the Joint Secretary to the Government of India, under Sec, 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to prevent him from smuggling goods and also preventing from engaging and transporting, concealing and keeping smuggled goods.

(2.) On October 26, 1990, the petitioner was intercepted at the green channel near the exit gate and as a result of search of his luggage seven gold biscuits and two gold chains collectively weighing 1354 grams, valued at Rs. 4,49,528.00 were allegedly recovered.

(3.) The petitioner submits that he has been falsely implicated in the case and was forced/coerced to make a voluntary statement, under Section 108 of the Customs Act, 1962. It was further submitted that the impugned order is illegal and is liable to be quashed.