NAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India calls in question the order of detention dated December 17,1992 passed against the petitioner by the Joint Secretary to the Government of India, respondent No.2 under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Ada, 1974 ( for short COFEPOSA')

(2.) The allegations against the petitioner are that he was intercepted at the exit of the IGI Airport Terminal II, New Delhi on the night intervening 19th and 20th November,1992, after his arrival from Hongkong by flight No.BA-036. On search of the person of the petitioner, 35 gold biscuits of foreign marking were recovered from him. The petitioner was not able to produce any document in support of legal possession and import of the aforesaid gold into India. On the same date viz November 20,1992 the petitioner was arrested in connection with the incident and was produced before the court of ACMM, New Delhi who remanded him to judicial custody. Before the ACMM on the said day the petitioner retracted the confession earlier made to the customs authorities. On December 17,1992 the impugned order of detention was passed against the petitioner which was served on him on December 19,1992, while he was in judicial custody.

(3.) Learned counsel for the petitioner submits thathe detaining authority passed the impugned order without application of mind. This submission he makes on the ground that certain irrelevant documents were considered by the detaining authority. He has taken me through ground I of the petition. It reads as follows: