OM PARKASH KUKREJA Vs. STATE

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is for quashing the detention order No. F. 5/48/84-Home (P-II) dated August 28. 1984 issued under section 3 (1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act') by the Administrator of the Union Territory of Delhi. The petitioner was actually detained on April 16, 1985.

(2.) The grounds on which the petitioner was detained are briefly as follows. On July 25, 1983 the petitioner arrived at Delhi Airport by flight No. TG 303 from Hong Kong and reported at red channel for customs clearance. His oral declaration with respect to the contents of his luggage was accepted and on that basis customs duty amounting to Rs. 6,120 was charged. On suspicion his baggage was diverted for detailed examination which resulted into recovery of 31 wrist watches valued at Rs. 18,600. Those watches v/ere concealed inside a VCR. The petitioner was called upon to produce any evi-dence showing that he had a right to important the aforesaid watches but he could not produce any. Therefore, the VCR as well as the watches were seized under section 110 of the Customs Act, 1962. His statement was also recorded on that very day under section 108 of the Customs Act. He admitted that he had concealed the aforesaid watches in the VCR so that he might be able to evade duty and that they were recovered. He stated that he had purchased the said watches in Hong Kong and wanted to bring to India to sell at a higher price so as to earn profit. He was arrested on that very day under section 104 of the Customs Act.

(3.) Such activity of smuggling was again repeated. The petitioner went from Calcutta to Hong Kong on February 20, 1984 and returned on February 25, 1984 at Calcutta Airport. In Hong Kong he purchased two air conditioners, watches and one T.V. rack and concealed the watches in the air conditioners. He had taken by concealment Indian currency amounting to Rs. 15,000 for the said purpose.