DAYA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Conititution of India the petitioner has challenged the detention order dated 12th March 1986 issued by the Deputy Secretary (Home), Delhi Administration, Delhi under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to at the Act).

(2.) In the grounds served en the petitioner alongwith the detention order it was alleged that on 15th July 1985 the petitioner who was working as a Sweeper in Air India was kept under survillance by the Customs Officer at Delhi Airport. He had attended flight No. Al-301 which came from Hongkong/Bangkok on that day. He alongwith other cleaning staff had left the pron area in van No DEV-6260 He alighted near the inter section of the IAC Gate and TMO of Delhi Airport when he was intercepted and was asked in the presence of two independent witnesses if he was carrying any contraband on his persons. Thereafter, his person was searched as a result of which two rectangular packets wrapped in skin-colour adhesive tape were recovered from the pocket in the 'Nefa' of the uniform pant be was wearing. On examination of each packet eight gold biscuits of foreign origin weighing 10 tolas each with foreign marking were recovered. The petitioner could not produce any permission from the Reserve Bank of India and therefore, the gold biscuits were seized under the Customs Act 1962 It was further alleged that the petitioner disclosed to the Customs Officers that the two packets recovered from him were given to him by one Ram Dass Chauhan, a passenger travelling from Hongkong to Bombay via Delhi on flight No. Ai-301 which was still on ground ready for departure to Bombay. Ram Dass Chauhan was off-loaded alongwith his baggage by the Customs Officers. The petitioner in his voluntary statement admitted the recovery of the gold biscuits, however stated that these gold biscuits were handed over to him by Ram Dass Chauhan. Ram Dass Chauhan in his statement dated 15th July 19x5 stated that these gold biscuits belong to one Sardar Parminder Singh also known as Kukkii The Customs Authorities were informed that Sardar Parmindri Singh had also travelled from Hongkong to Bombay alongwith Ram Dass Chauhan and that before reaching Delhi Kukku Sardar took out two packets wrapped in adhesive tapes from his pocket which contained gold and put them in an air sickness bag and slided under his seat and told him to keep this packet in his custody and delivery it to Dya Ram. the petitioner herein In view of this statement of Ram D 'ss Chauhan the Customs Officer scrutinised the passengers manifest of the flight and noted that Parminder Singh had travelled from Hongkong to Bombay an the same flight and had occupied seat No. 31J. As a follow up action the residential premises of all the three persons namely S/Shri Daya Ram, Ram Dass Chauhan and Parminder Singh were searched.

(3.) In the grounds of detention it was further stated that Daya Ram and Ram Dass Chauhan were arrested on 15th July 1985 under the Customs Act and were produced before the A C.M.M., New Delhi on 16th July 1986 and were bailed out by theA.CMM, New Delhi on 30th July 1985, however Parminder Singh moved an application for anticipatory bail before the Additional District & Sessions Judge, New Delhi which was granted to him by the Additional District & Sessions Judge, New Delhi by an order dated 2nd August, 1985.