KANHIYA SINGH KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition the only challenge to the order of detention dated 24th March, 1987 under Section 3(1) of the COFEPOSA Act (For short called the 'Act') is that the detaining authority has not complied with the mandatory provisions of Section 3(3) of the Act. This provision lays down :

(2.) The submission is that the order of detention alongwith the grounds of detention were served on the petitioner after the expiry of 10 days of his arrest for which no valid reasons have been given.

(3.) To appreciate this proposition one has first to know the background. The thumb-nail of the case is that on 4th September, 1986, at about 11.00 p. m., the petitioner arrived at Sahar International Airport, Bombay from Hong Kong by Cathe Pacific Flight No. CX 51. He got himself cleared through the red channel. After paying customs duty of Rs. 9,520.00 when he was about to leave the airport, the officers of the Customs Department approached him for his thorough search. The metal detector gave a signal of some metal being concealed on his person. On enquiry, the petitioner admitted that he had concealed three packets of gold containing 8 gold bars of 10 tolas each in his. rectum. The gold recovered was assessed at Rs. 2,08.014.40 at local market value. After completing the formalities at the spot, the accused was produced before the Matropolitan Magistrate, Bombay. He alongwith other co-accused was remanded to judicial custody. On 17th September, 1986, the petitioner, however, succeeded in getting himself released on bail on his furnishing a personal bond in the sum of rupees one lakh with one surety in the like amount and on the condition that he shall report once a month to the Collector of Customs, New Delhi.