VIJENDER KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of Criminal Writ No. 211 of 1985, Criminal Writ No. 212 of 1985, Criminal Writ No. 225 of 1985 and Criminal Writ No. 231 of 1985. Since all these petitions arise out of the same transaction we have decided to hear them together and dispose them of by one order. The relevant facts concerning each writ petition, we shall discuss separately.

(2.) On 2nd July 1985 an information was received in the office of the Enforcement Directorate that Vijendar Kumar Jam along with Sundar Lal Baid and Uttam Pralcash was likely to carry a huge amount of foreign exchange to Hongkong by Atitalia Flight No. AZ-786 which was to take off at 1.15 A.M. from Palam Airport on 3rd July 1985. The information further was that the foreign exchange was to be supplied to the aforesaid three persons after crossing the customs and security checks by some one.

(3.) Acting upon this information a team of officers from the Enforcement Directorate stationed themselves at various spots at Palam. Airport in the early hours of 3rd July 1985. Vijendar Kumar Jain, Sundar Lal Baid and Uttam Prakash who. had gone inside the aircraft were disembarked and were searched. From the possession of the aforesaid three persons the following currencies were recovered :