(1.) The petitioner has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA) by the State Government by an order dated 28.4.1993 of the Deputy Secretary (Home) of the National Capital Territory of Delhi, (2nd respondent).
(2.) The incident occurred on 21.12.1992 when the petitioner reported at the Customs departure hall, after clearing from immigration to travel to Hongkong on flight dated 21.12.92. After customs clearance pursuant to his declaration, he was stopped and on personal search, it came to light that he had concealed foreign currency equivalent to Rs. 1,49,462.00 in his rectum. Petitioner could not produce evidence of lawful possession. It is said that he made a statement on 21.12.92 under Section 108 of the Customs Act, 1962 admitting that he was illegally carrying the currency and that he was doing so for Rs. 5,000.00 which he was to receive from one Mohan Singh at Hongkong to whom he was to handover the foreign currency. It is not necessary to refer in detail to other part of his statement except that he was doing this on various visits to Hongkong, Bangkok or Singapore.
(3.) Secrutiny of the passport revealed that he had gone abroad 11 times w.e.f. 11.2.92 upto 27.11.92(On 17.2.92, 4.3.92, 4.4.92, 19.5.92, 8.6.92, 12.6.92, 13.8.92, 23.8.92, 2.9.92, 2.11.92 and 27.11.92). Petitioner was arrested under the Customs Act and produced before the ACMM, New Delhi on 22.12.92 and remanded to judicial custody upto 5.1.93. The petitioner gave his address as JG II, 50, Vikas Puri, Delhi and H.No. 1304/19 Jhanda Bange Bazar, Ma Sewa, Amritsar and these addresses were found to be false. During inquiry, the place of residence was discovered as JG II 138 Vikaspuri,Delhi and it was found that the house was sold away in September,1992. Bail application was filed on 23.12.92 and rejected on 5.1.93. Judicial custody was extended upto 19.1.93. On another bail application, petitioner was released on 15.1.93 subject to conditions. On 28.1.93, petitioner applied for withdrawal of conditions imposed with reference to his reporting to customs and the conditions were partly relaxed by the Court on 29.1.93. Complaint under Sections 132 & 135 of Customs Act, was filed on 22.2.93.
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