ASHOK KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been directed against the order dated 13th December. 1993 issued under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by the Lt Governor of National Capital Territory of Delhi.

(2.) Brief facts necessary to dispose of this petition are recapitulated as under: On 5th August, 1993, the petitioner arrived at the Indira Gandhi International Airport, New Delhi from Madras as a domestic passenger by a flight No. Al-105. The petitioner was intercepted by the custom officer at the exit gate of the Customs Arrival Hail. Nothing increininating was found from the baggage of the petitioner.

(3.) Thereafter, a metal detector was applied on the petitioner's body in the presence of two independent witnesses which indicated the presence of some metallic substance near the rectum portion. On sustained interrogation, the petitioner admitted having concealed three small packets containing cut-pieces of gold with foreign markings in his rectum. He voluntarily eased out three small packets. On opening the said three packets, nine cut-pieces of gold biscuits having foreign marking were recovered. A certified goldsmith was called on the spot who after testing, certified the gold recovered to be of 24 carat purity, collectively weighing 520 grams valued at Rs. 2,39,200.00 . On demand, the petitioner could not produce any documentary evidence to show the lawful importation of the said recovered gold. The same was seized under Section 110 of the Customs Act, 1962 on the reasonable belief that the same was liable to confiscation under the provisions of the Customs Act, 1962. The packing material used for concealment of the recovered gold was also seized under the Customs 58 Act, 1962. The petitioner's airticket,boardingcardandbillof Rarnprasad Lodge, Madras dated 4th August, 1993 were taken into possession being relevant to the investigation of the case. A detailed panchnama dated 5th August, 1993 was drawn on the spot.