SUNIL KUMAR KAMRA Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner in this case was detained in terms of the order dated 31st March, 1992 passed by the Joint Secretary-to the Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi in exercise of powers conferred by Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA').

(2.) . Without ,waiting for the grounds of detention being served upon him, the petitioner filed the present petition challenging the order of detention. Alongwith the writ petition, the petitioner has annexed a copy of the grounds of detention of the same date in respect of the other co-accused, namely, Sushil Kumar Kaura. 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 Sushil Kumar Kaura.

(3.) Briefly stated the facts of the case are that on 25.2.91 a Polish National, namely Tryba Marek travelling from Singapore to Amsturdum in transit at Indira Gandhi International Airport, New Delhi was apprehended with 116 gold biscuits of 24 carats purity weighing 13525.600 gms valued at Rs.30,29,734.00 (I.V.) and Rs.48,69,216.00 (M.V.). Statement of the Captain of the Aircraft was recorded under Section, 108 of the Customs Act and in his statement he stated that Tryba Marek did not declare any gold or gold articles to him or to any member of his crew. Accordingly, said Tryba Marek was arrested on 26.2.1991.