ABDUL KHALIQ Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, for a writ of Habeas Corpus, the petitioner challenges his detention on 18 March 2003, pursuant to the order passed on 22 November 2002 by the Lt. Governor of the National Capital Territory of Delhi (hereinafter referred as 'the detaining authority'), in exercise of powers conferred under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act').

(2.) The order of detention is based on the subjective satisfaction of the detaining authority that it was necessary to detain the petitioner with a view to preventing him from smuggling goods in future.

(3.) According to the grounds of detention, which are in the narrative form, on 23 August 2002, one Masood Pracha, along with three passengers, namely, Abdul Khaliq-petitioner herein, Afzal Mohd. Khan and Mohd. Haroon Khan arrived at the IGI Airport, New Delhi to catch a flight bound for Bangkok. After the immigration, all of them were intercepted one by one at the Customs counter by the Officers of the Customs in plain clothes on the basis of specific intelligence. The petitioner, a holder of Indian passport issued from Dubai was asked as to whether he was carrying any foreign currency etc. to which he replied that he was carrying less than US $ 5000. The foreign currency recovered as a result of his personal search was seized. Since the petitioner was showing some manifestations of body concealment, he was again asked whether he had concealed any foreign currency in his body to which he replied in the negative. However, on sustained interrogation he disclosed that he had concealed two capsules containing foreign currency in his body which he could eject, which he did after some time. From the said capsules US $ 3500 each were recovered. The foreign currency valued at Rs.5,94,971/- was seized under Section 110 of the Customs Act, 1962 (for short 'the Act').