PRADUMAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this petition under Article 226 of the Constitution, the petitioner has prayed for the quashing of the detention order passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the `Act') and his release from the custody.

(2.) Shorn of unnecessary details, the germane facts which led to the passing of the impugned detention order are that on 22nd February, 2003, on the basis of a specific intelligence, the petitioner who was to board an Indian Airlines flight No.IC-895 bound for Dubai at 0950 hrs. from IGI Airport Terminal-II, New Delhi was intercepted and questioned on suspicion and detained. On 23rd February, 2003, foreign currency viz. 22 Swiss currency notes of the denomination of 1000 each and 22 Euro currency notes of the denomination of 500 each, collectively valued at Rs.13,71,700.00 in Indian rupee were recovered from the person of the petitioner, the foreign currency notes having been concealed by him in two capsules concealed in his rectum. A case under the provisions of the Customs Act, 1962 was registered. Statement of the petitioner recorded by the authorities under Section 108 of the Customs Act disclosed that he (petitioner) along with one Iqbal had engaged in the illegal business of exporting foreign currency to Dubai. Later, a search of the residential house of the petitioner located at M-28, Second floor, Kalkaji, New Delhi was conducted and a demand notice No.118/1996 bearing F.No.VIII(b)48(4)84/Cus/PR/95 dated 28/05/1996 issued by the Assistant Commissioner of Customs, Penalty and Recovery Cell, Marine and Preventive Wing, Bombay and a letter dated 11/06/1996 addressed to the Assistant Commissioner of Customs, Penalty and Recovery Cell, Marine and Preventive Wing, Mumbai were seized from his house. On further inquiry, it was revealed that an adjudication order No.CCP/ADJ/MGV/52/95 dated 16/10/1995 was passed by the Commissioner of Customs, Preventive in regard to the seizure of 2329.700 gms. of gold biscuits (22 pieces), valued at Rs.11,11,733.00 which were recovered from one Harish Kumar Baweja who was found to have been recruited by the petitioner in the name of Lovely Singh @ petitioner for monetary consideration. Taking into account these factors, the detaining authority arrived at the conclusion that the petitioner had the inclination and propensity to indulge in smuggling activities and consequently passed the impugned detention order.

(3.) We have heard Mr.R.M.Bagai, learned counsel representing the petitioner and Mr.K.K.Sud, learned Additional Solicitor General representing the respondent-UOI at length and have thoughtfully considered their rival contentions.