SATISH KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, the order under challenge is dated 1.4.1986 of Shri M.L. Wadhawan, Additional Secretary to the Government of India, by which the present petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to preventing him from dealing in smuggling goods otherwise by engaging in transporting or concealing or keeping smuggled goods.

(2.) The facts and circumstances under which this order came to be passed in brief are that an information was received in the Directorate of Revenue Intelligence, New Delhi, indicating that 160 smuggled gold biscuits were reaching Delhi in the morning of 14.3.1986 from Punjab sector of IndoPakistan Border by road and the same were likely to be collected by one Riaz Ahmed alias Makhan for Vimal Kapur of Ashok Vihar. In pursuance of the said intelligence, surveillance was mounted at the border of G.T. Road, as also at the residential premises of Shri Riaz Ahmed. However, the vehicle carrying smuggled gold biscuits did not arrive at Delhi till the noon of 14.3.1986. It was further gathered that three persons who had come from Punjab with contraband gold had checked into Hotel Vaishnav, Fatehpuri, Delhi and that Shri Riaz Ahmed was going to meet them at 8 P.M. on the same day for fixing the delivery of the said gold. The officers of the D.R.I. also checked into the Hotel incognito and identified all the four persons. Surveillance continued throughout the night of 14/15.3.1986 in and around the Hotel and at the residence of Riaz Ahmed. On the spot intelligence also indicated that contraband gold was brought to Delhi in an Ambassador car No. PUO 9480 and the same was parked in a parking lot behind Fatehpuri police checkpost. Vimal Kapur and Riaz Ahmed sent Satish Kumar to take delivery of the smuggled gold in scooter No. DBF 5997 and gave him a sum of Rs. 20,000.00 to be given to Sohan Singh and Harbhajan Singh who were sitting in the Ambassador car No. PUO 9480. Shri vimal Kumar and Shri Riaz Ahmed followed Shri Satish Kumar on scooter No. DBM 5886. After the contraband gold had been transferred from Car No. PUO 948O to scooter No. DBF 5997 and Rs. 20,000.00 kept in car No. PUO 9480, officers of the Directorate of Revenue Intelligence, New Delhi, pounced on all the three vehicles and five persons and nabbed them.

(3.) The vehicles were brought to the office of the Directorate of Revenue Intelligence at Atma Ram House, Tolstoy Marg, New Delhi. As a result of the search of the scooter F 5997, 160 smuggled gold biscuits bearing foreign markings and weighing 10 tolas each were recovered. Rs. 20,000.00 were also recovered from the search of the car. These articles alongwith the vehicles were seized under the Customs Act.