SATWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) The petitioner, Satwinder Singh, challenges in this habeas corpus writ petition under Article 226 of the Constitution, the order made by and in the name of the Lt. Governor of the National Capital Territory of Delhi, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA). The order of detention, dated 22 March 2002, was served on the same day along with the grounds of detention of even date/formulated by the Detaining Authority, based on the subjective satisfaction of the Detaining Authority that it was necessary to detain him with a view to preventing him from smuggling goods in future.

(3.) The brief facts, as can be culled out from the grounds of detention, are as follows: On 29 December 2001, when the petitioner arrived from Dubai by an Emirates Flight, he was intercepted while walking through the green channel, after collecting the checked-in baggage, which included one microwave grill convection in a cardboard carton and a hand bag. On being asked if he was carrying any gold or silver or dutiable goods, the petitioner replied in the negative. His baggage was, however, diverted for x-ray check, which showed an image of concealment of high density metal. Upon service of notice under Section 102 of the Customs Act, 1962 (for short the Act), the baggage of the petitioner was examined. On suspicion, the cover of the microwave oven was opened. A white coloured metal case was found riveted in the left side of the microwave oven, which raised more suspicion, as the same was ordinarily not a part of a microwave oven. With the help of hammer and screwdriver, the metal case was removed, which resulted in the recovery of 46 pieces of black coated yellow metal packed in thermaol. These metal pieces were found to be gold of 24 carat having 999.0 purity, valued at Rs. 19,30,695/- (IV) and Rs. 24,67,256/- (MV). The same was seized along with the microwave oven. On questioning, it was disclosed by the petitioner that the microwave oven was handed over to him by one Rakesh Kumar in Dubai and the same was to be handed over to two persons in the arrival lounge of IGI Airport. He had brought the said items for a consideration of Rs. 10,000/- with free air ticket. Statement of the petitioner was recorded under Section 108 of the Act wherein while admitting the recovery of the said gold in the afore-noted manner) he deposed that he was engaged in the business of buying and selling of cloth and pappad wadian in Amritsar; the said Rakesh Kumar had paid him Rs. 10,000/- when he had visited and met him in Amritsar about three months back; that he had been to Dubai earlier on two occasions in August 1999 and April 2001 and on both the occasions the entire expenses were borne by the said Rakesh Kumar.