SHIV NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was arrested and detained on 8th April, 1987 pursnt to the order of detention dated 24th March, 1987 passed by Shri Tarun Roy, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, u/s 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) with a view to prevent him from smuggling goods.

(2.) The circumstances leading to his arrest in brief are that on 4th September, 1986, at about 11 P.M. one Kamaljit Singh Dhawan, holder of an Indian passport arrived at Sahar International Airport, Bombay from Hong Kong by Cathe Pacific Airways. He got himself cleared through Customs from the red channel after paying custom duty on the goods declared by him. While he was proceedings towards exit gate, the Customs Officers, in the presence of panchas enquired from him if he had any gold, wrist watches or diamonds either in his baggage or on his person to which he replied in the negative. The metal-detector gave sound near the lower part of his abdomen indicating the presence of some metalic substance inside his body. After initial denial, he admitted that he had concealed six gold bars in his rectum.

(3.) The scrutiny of his passport revealed that he departed from Hong Kong on 2-9-86 and arrived on 4-9-86. This aroused suspicion in the mind of the Superintendent Customs who instructed his staff to look for companions of the petitioner. The search resulted in the apprehension of four more persons, namely, Manmohan Singh Malhotra, Rawal Singh, Kanhaiya Singh Khanna and Anand Singh. On interrogation of the persons all of them admitted the concealment of gold in their rectums. They ultimately ejected total quantity of 39 gold bars of 10 tolas each and 2 gold bars of 100 grams, collectively weighing 4747.4 grams valued at Rs. 7,07,362.60 at the international market value. The share of the petitioner is 932.8 grams. The gold was seized on the reasonable belief that the same was smuggled into India and hence liable to confiscation under the provisions of the Customs Act, 1962. Subsequently their statements u/s 108 of the Customs Act were recorded. During the examination of the remaining baggage of the said passengers, Shri Manmohan Singh Malhotra gave a slip to the customs and escaped. Others were arrested u/s 104 of the Customs Act on 5-9-1986.