INDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution, the petitioner calls in question his detention under section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA).

(2.) The facts relating to the detention of the petitioner as given in the grounds of detention accompanying the detention order are as under:

(3.) On December 21,1991, three passengers bound to Hong Kong by Air India Flight No.AI-318 were intercepted by custom authorities.The petitioner was one of them. On being interrogated the petitioner admitted to have concealed foreign currency in his rectum. He volunteered to eject the same in the normal way. There upon in presence of the witnesses, the petitioner ejected two cyindrical packets which contained US $ 8100.00 Deutsche Mark 13,500.00, Dutch guilder 4000.00,Saudi Rival 500.00, Swiss Franc *100.00 and Japanese Yen 50,000.00 equivalent to Rs.5,08,600.00. On demand by Custom Authorities, the petitioner failed to produce any legal document in support of acquisition/possession and exportation of the foreign currency recovered from him. The petitioner in his statement dated December 22,1991 recorded pursuant to notice under section 108 of the Customs Act, 1962 admitted the recovery and seizure of the aforesaid currencies from him. Examination of the passport of the petitioner revealed that during the year 1991 he made 16 trips abroad and earlier also smuggled out of the country foreign currencies equivalent to Rs.1,50,000.00. The petitioner was arrested in connection with the aforesaid incident on December 22,1991.