RAM GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) -By a formal order dated 28th April, 1983, Criminal Writ Petitions Nos. 37 and 38 of 1983, filed by Shri Ram Goyal and Sita Ram Jodhani were allowed and the orders of detention dated 3rd July, 1982 issued against them were quashed. The petitioners were ordered to be set at liberty, unless they were required to be in detention under any other valid law or order or if a prosecution was pending against them in which they had been arrested but had not been enlarged on bail. The detailed reasons for the passing of the aforesaid order are given hercunder.

(2.) Briefly stated, the relevant facts are that the two petitioners are of Indian origin but hold Nepalese passports. According to them they are permanent residents of Nepal. On 4th May, 1982 both of them arrived by Panam flight from Hongkong at 3.20 A.M.

(3.) According to the respondents, the petitioners Shri Ram Goyal and Sita Ram Jodhani collected their baggage and reported at counter Nos. 4 and 7 respectively in the red channel of the International Arrival Hall, Delhi Airport. Both of them were cleared by the Customs Officer and were allowed to go. At the exit gate, however, they were intercepted by the Preventive and Intelligence staff of the Customs. It is alleged by the respondents that the petitioners were asked, in the presence of independent witnesses, if they were carrying any gold or any other contraband. The petitioners replied in the negative. The baggage of the petitioners was thereafter searched and this resulted in the recovery of 13 gold bars from the baggage of Shri Ram Goyal and 13 gold bars and 3 gold strips from the baggage of Sita Ram Jodhani.