SHAHID 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 for quashing the detention order dated 24th February, 1993 passed against the petitioner by the Lt. Governor, Government, National Capital Territory of Delhi, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) The petitioner, on arrival on 20.11.92 from Dubai, at Indira Gandhi International Airport, New Delhi, crossed the Green channel along with a blue zipper bag. The petitioner's movements appeared to. be suspicious and he was intercepted near the exit gate of the arrival hall and was questioned as to whether he was carrying any dutiable goods to which he replied in the negative. Two independent witnesses were called on the spot and in their presence, the petitioner disclosed his identity as Mohd. Shahid, and he was holding an Indian Passport. The petitioner denied carrying any gold, silver or watches or any other contra- band items with him in the presence of both the witnesses. When the baggage was X-rayed, 16 gold pieces were recovered which collectively weighed at 586 grams. Those 16 pieces consisted of 8 solid pieces and 8 thin pieces, valued at Rs.2,34,400.00 .

(3.) On demand, the petitioner could not produce any documentary evidence to show the lawful import for his possession of the said recovered gold. The same was, therefore, seized u/s 110 of the Customs Act, 1962.