(1.) In this writ petition under Article 226 of the Constitution of India the petitioner has challenged the detention order of Sh. Bhupinder Singh dated 7th January, 1986 made by Delhi Administration under section 3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein after referred to as the Act). Though the order of detention and grounds of detention were made an 7th January, 1986 Bhupinder Singh was detained an 23rd March 1986 and the grounds of detention were served an him an 27th March, 1986.
(2.) In the grounds of detention it was alleged that on 24th September 1984 the officers of the Customs Preventive Unit, Delhi examined one Maroon colour Zipper suitcase having black lining an it pertaining to Airways Bill No. 074-5218 5560 having C.W.C. location No. G-10624 in Godown B of the Central Warehousing Corporation, Gurgaon Road, New Delhi in the presence of two independent witnesses. This suit case had arrived from Singapore by flight KL-836 dated 12.8.84 and belonged to Bhupinder Singh. The Airways Bill of the suit-case showed that the contents of the suit-case were declared as personal effects and used clothing. However, on the examination of the suit-case it was found that it contained 909 frames for goggles/spectacles and 21 gaggles, all of foreign origin collectively valued at 1, 25, 080/- and same used and old clothes. Since there was; no evidence in that suit case to prove the lawful importation of these goods the same along with suit Case were seized under section 110 of the Customs Act.
(3.) On the same day residential premises of Bhupinder Singh were searched which resulted in recovery of 16 frames of goggles/spectacles of foreign origin valued at Rs. 1450/-. The wife of Bhupinder Singh who was present at the time of the search could not produce any evidence of lawful import of the said frames and as such these frames were also seized under section 110 of the Customs Act. Two incriminating documents were also recovered and seized from the premises. On the same day the business premises of Bhupinder Singh namely M/s. Thukral Optical Company, 6/221, Kandle Kashan Street, Fatehpuri, Delhi were also searched which resulted in the recovery of frames of goggles/spectacles with and without glasses all of foreign origin collectively valued at Rs. 69,610/-. Bhupinder Singh could not produce any evidence for lawful possession in part of these goods and as such the same were also seized under section 110 of the Customs Act 1962.