R K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners R. K. Gupta and Trilochan Singh have approached this Court through Criminal Writs Nos. 185/92 and 147/92 under Articles 226 and 227 of the Constitution of India for quashment of the detention orders F. No. 673/38/92-Cus. VIII. dated 12-2-92 and F. No. 673/ 39/92-Cus. VIII, dated 12-2-1992 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA') passed by the Joint Secretary, Government of India, against the petitioners.

(2.) The above two petitions are being taken up together as the common question of law and facts are likely to arise while disposing them of.

(3.) Brief facts which led to the presentation of the above two petitions are as under, that the officers of the Directorate of Revenue Intelligence, on receipt of a secret information were keeping a watch on a consignment of eight packages (consisting of two wooden boxes, one refrigerator and five cardboard cartons) which were sent from Dubai by Emirates Flight No. EK- 702 dated 15-1-1992 under Airway Bill No. 176-90895276 I.G.M. No. 414/92. The abovesaid consignment was booked by "A1-Naimia General Trading P.O. Box No. 16633 Dubai U.A.E." on 12-1-1992 for delivering to Mr. Khalid A1-Shorabi, Attache. Embassy of State of Palestine, D-1/27, Vasant Vihar, New Delhi. A search of the said packages resulted in the recovery and seizure of 500 pieces of foreign marked gold bars of 10 tolas each valued at Rs. 2,81,70,975 from a cooking range and washing machine kept in the two wooden boxes. The statement of Mr. Khalid Ahmed A1-Shorabji, Attache. Embassy of the State of Palestine, was recorded on 25-1-1992. He stated therein that it was Shri Trilochan Singh petitioner who made arrangement for the import of the household goods for him. He pretended his ignorance with regard to the ownership of the abovesaid 500 gold bars. He also identified the petitioner Trilochan Singh. The statements of both the petitioners were recorded under Section 108 of the Customs Act. The houses of both the petitioners were searched on the abovesaid date. However, nothing incriminating; was recovered from the houses of both the petitioners. Both the petitioners were arrested on 25-1-1992. They were produced before the Duty Magistrate on the next day i.e. 26-1-1992. Both of them retracted their statements made by them under Section 108 of the Customs Act, alluded to above. Detentoin orders were passed against both the netitioners on 12-2-1997. under Section 3(1) of the COFEPOSA by the Joint Secretary, Government of India, New Delhi.