MUKESH ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India against the order dated 4th March, 1994 passed by Mr. Mahender Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi. By the said order, the petitioner has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. This order was served on the detenu on 8th March, 1994 while he was in judicial custody in Central Jail Tihar, New Delhi.

(2.) Brief facts necessary to dispose of this petition are recapitulated as under:-

(3.) Statement of the petitioner was recorded u/s 108 of the Customs Act 1962 wherein he deposed that about 7-8 months back, he got an opportunity to go to Dubai where he met one person by the name of Shri Gango Sindhi, who offered him to take gold to India. He further asked them to sell the gold in India and send the money back to him, and after returning to India, he thought on this offer and decided to employ Surender Pal for this work. After giving him the ticket, he asked Surender Pal to go to Dubai and meet Gango Sindhi in Dubai and contact him-on telephone no.531597. In pursuance of that arrangement, the petitioner had visited Dubai 4-5 times.