SARABJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed with the prayer that detention order dated 23rd September, 1991 passed against the petitioner by the Lt. Governor, Government, National Capital Territory of Delhi under Section 3(1) read with 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, be set aside. It is alleged that on 27.4.91, the petitioner arrived at Indira Gandhi International Airport, New Delhi from Bangkok by flight no.TG-914. After immigration clearance, the petitioner was made to pass through a metal detector door frame which gave positive signal of presence of metal on his person. He was allowed to proceed for his normal custom clearance under a strict vigil. The petitioner passed through green channel and at exit gate of the Customs arrival room, he was intercepted by the Custom Officer. He did not have any check-in-baggage and only had a hand baggage. On enquiry, he denied having any contraband item. At that stage, two independent witnesses vere called and in their presence, he was again made to pass through metal detector door frame and his person was also frisked with hand metal detector. A positive signal of presence of metal was detected. After persistent enquiry, the petitioner admitted having concealed gold in his rectum and volunteered to take it out. He was taken to a toilet where he eased out two packets, and aiter washing 9 cut-pieces of gold biscuits weighing 270 grams were recovered. A certified goldsmith was called on the spot who certified the gold to be of 24 carat purity collectively weighing 270 grams and valued at Rs.94,500.00

(2.) On demand, the petitioner failed to produce any evidence for the lawful possession of the recovered gold. The gold recovered was seized u/s 110 of the Customs Act, 1962 on the reasonable belief that the same is liable to confiscation for violation of the provisions of the Customs Act, 1962.

(3.) On 27.4.1991, in' voluntary statement recorded under Section 108 of the Customs Act, 1962, the petitioner admitted the recovery and seizure of gold. The petitioner had mentioned that he had borrowed money from his uncle who was staying in Bangkok to buy gold and that he had brought gold to sell in India to earn profit.