ROBERT LENDI Vs. K K DWIVEDI

JUDGEMENT

(1.) The challenge in this writ petition is to the legality and validity of the order dated 20th May 1985 passed by Shri K.K. Dwivedi, Joint Secretary to the Government of India for detaining Mr. Robert Lendi, a Swiss national, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order states that the said detenu is being detained with a view to preventing him from smuggling goods.

(2.) The relevant facts are that on 7th April 1985 the detenu arrived at the Delhi Airport from Zurich by flight No. LH 660. After collecting his baggage he walked through the green channel. The detenu was stopped and his baggage was subjected to a thorough search but nothing was recovered except that an empty cavity was noticed in one of his handbags. The person of the detenu was searched and he was found wearing a belt tied around his waist. On an examination of this belt 40 pieces of gold biscuits weighing 250 grams each (total 10 K.Gs) valued at Rs. 12,50,000.00 (market price Rs. 20,50,000.00 ) were recovered. The gold biscuits were shown to an expert who certified the purity and weight of the gold.

(3.) On interrogation the detenu disclosed that he was given the gold by one Ernst Muller and the gold was to be delivered at Bombay and be was to get 3000 Francs. The detenu was taken to Bombay with a view to find out the contact-man at Bombay but this mission did not fructify and the detenu was brought back to Delhi and arrested under the Customs Act. A complaint was filed against the detenu under Sections 1.32 and 135 of the Customs Act and Section 5 of the Imports and Exports (Control) Act on 9th April 1985. The detenu was produced before the Additional Chief Metropolitan Magistrate, New Delhi, who remanded him to judicial custody.