TRYBA MAREK Vs. UNION OF INDIA

JUDGEMENT

(1.) The detenu through the petitioner has filed writ petition under Article 226 of the Constitution of India and has prayed, inter alia, that the writ of hebeas corpus be issued quashing the detention order dated 6th March, 1991, passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) On 11th March, 1991, the detenu while he was injudicial custody was detained in pursuance of the said detention order on 6.3.1991. The detenu was served with the grounds of detention and some other documents in Polish language with which the detenu was well conversant. The detenu while in transit from Singapore to Amsterdam by KLM Flight no.KL-836 arrived at I.G.I. Airport, New Delhi, on 25.2.1991. The detenu came out of the aircraft into the aerobridge, with transit pass, when he was asked by the Customs Officers to show his passport etc. The detenu immediately lushed back inside the aircraft and ran towards one of the toilets, where he attempted to dump two packets in the commode. The officers apprehended the detenu and found that the said packets contained 116 pieces of gold, weighing 13525 grams valued at Rs.30.30 lacs (I.V.) and Rs.48.70 lacs (M.V.).

(3.) The enquiries revealed that the detenu while in the transit, had not declared the said gold and the gold was imported in contravention of the provisions of the R.B.I. Notification no.208/62-RB dated 8.11.1962. The detaining authority came to the conclusion that the detenu had willfully and knowingly smuggled the gold into India. The detenu has challenged his detention on the ground that the detention order is wholly untenable inasmuch as the grounds of detention do not reveal how the detenu is said to have smuggled gold into India. The grounds of detention disclose that the gold was imported in contravention of an R.B.I. Notification no.208/62-RB dated 8.11.1962. The detenu in his writ petition has challenged the detention order on several grounds, but during the course of hearing, main emphasis was given by the counsel for the detenu, on the ground of non-supply of the Notification dated 8.11.1962 which was relied upon by the detaining authority. According to the learned counsel for the detenu, the said notification was a very vital document and non supply of the same has resulted in violation of his fundamental right enumerated under Article 22(5) of the Constitution of India.