CHAKRAVARTHY VADREVO Vs. ADMINISTRATOR UNION TERRITORY OF DELHI

JUDGEMENT

(1.) The two habeas corpus petitions, Cri. Writ 80/86 i.e. the present petition and Cri. Writ 50/86. arise out of the same incident and they are independent to some extent. The petitioner in this case Shri Chakravarthy Vadrevo was detained by an order dated 12-12-1985 issued under section 3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The grounds of detention in both the cases are practically identical.

(2.) From the grounds it would appear that the: petitioner travelling under the name of Padma Ram was apprehended on 20th November. 1984 at Palam Airport. He had come on a flight from Bangkok and bad cleared some goods worth Rs. 4250.00 at the customs but after clearance he was again diverted for detailed examination when it was found that he bad 19,400 pieces of button cells and other goods worth Rs. 52.240.00 . The buttons cells were found concealed in the cabinet of the VCR declared by him and some in the cavity/false bottom of his suit case. He was unable to show that the import was valid and so the goods were seized and he was examined by the Customs Authorities. He made several statements on various dates before the Customs Officials. Eventually, the story as revealed in bis statements was that he had travelled abroad several tiroes under various names i.e. he travelled in April, 1982 in his own name, in August, 1982 under the name of Neerajumar, in December, 1982 under the name of Naresh Kumar, in February, 1984 under the name of Uma Kant, in October 1984 and November, 1984 he had gone under the name of Neeraj Kumar Arya and Padma Ram. He detailed the various goods brought back by him on each of these trips. His version was that he visited the office of Link International, where he met Sunil. He deposited a sum of Rs. 8.000.00 with Sunil and Sunil had suggested to him to go to Bangkok and bring contraband goods. His version was that Sunil used to get him various passports He used to go abroad to bring back the goods. Sunil used to get the passport from a muslim resident of Darya Ganj whose name he did not know. Thus, his version was that Sunil was his mentor, financier and ring leader and master of other frauds relating to smuggling. As the story given by him on various occasions varied to some extent, the gist of what has been set out in the grounds of detention has been reproduced.

(3.) He also mentioned the name of one Virender who, he had said, was the financer who used to come with Sunil for payment of customs duty for the goods brought by him. He also mentioned an incident involving release of a colour TV on illegal documents by Sunil. There is a reference to a red diary in which he had named various persons including Sunil. At various other places he mentions the persons to whom he used to sell smuggled goods such as Virender Kumar Jain of Jain Cut Pieces and one DK. Jain and another brother S.L. Jain who used to buy the smuggled goods. All these persons were also examined by the Customs Officials. They also named Sunil. According to the petitioner's version, on this occasion when the went to Bangkok, he was supplied the button cells by a Chinese gentleman who had been paid by Sunil. His version was that he and Sunil had gone together to Bangkok but Sunil returned one day earlier. It is not necessary to repro- duce more of the grounds as the same are extensive and cover a number of ersons.