SURESH CHAND VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this case was detained in terms of the order dated 2nd September, 1992 passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi in exercise of the powers conferred by section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA'). Without waiting for the grounds of detention being served upon him, the petitioner filed the present petition challenging the order of detention. Along with the writ petition the petitioner has annexed a copy of the grounds of detention of the same date in respect of the other co-detenu, namely, Mohideen Khan. It has been alleged in the writ petition that the grounds of detention in respect of the petitioner are exactly the same as those of Mohideen Khan.

(2.) Briefly stated the facts of the case are that on 25th April, 1992 Mohideen Khan arrived at IGI airport, New Delhi from Dubai and he was intercepted by the customs autorities and to specific question as to whether he was carrying any contraband like gold etc., he replied in the negative. Thereafter his baggage was X-rayed and from the leather pouch held by him in his hand, 42 gold biscuits with foreign markings totally weighing 4892.00 grams and valued at Rs.l4,05,726.00 and Rs.22,53,080.00 were recovered and his personal search resulted in the recovery of US Dollars 8100. It is further alleged in his statement that at the instance of one Deen Mohd. he was to deliver the contraband gold etc. to the petitioner. It is also alleged that when Mohideen came out of the airport he was approached by the petitioner who asked his driver to keep luggage in his car No.MFC- 8088.

(3.) On 26th April, 1992 the petitioner was produced before the Metopolitan Magistrate and he was granted interim bail on 28th April. 1992 and the interim bail was extended from time to time and the petitioner was granted regular bail on 15th July, 1992 by the learned Additional Chief Metropolitan Magistrate. New Delhi. It has been stated in the petition that the petitioner after his release on bail has been attending the court of ACMM, New Delhi regularly.