RAJESH BHATIA Vs. SH. M.L. WADHAWAN

JUDGEMENT

(1.) BY this judgment, I propose to dispose of Criminal Writ No. 379/86, Sham Sunder Gaba v. Shri M.L. Wadhawan and others, and Criminal Writ No. 378/86, Rajesh Bhatia v. Shri M.L. Wadhawan and others, as common questions of fact and law arise therein. In fact, both the petitioners have assailed the orders of their detention passed by Shri M.L. Wadhawan, Additional Secretary to the Government of India, on 30th June, 1986.

(2.) THE circumstances leading to the arrest and detention of the petitioners in brief are, that the Intelligence Officers of the Customs Department posted at Calcutta Airport gathered intelligence report that a large scale smuggling of foreign exchange to far Eastern countries through Calcutta Airport has been going on for quite sometime and accordingly, on 17 -5 -1986, they maintained a strict watch on the movements of outgoing passengers by Thai Airway International flight bound for Bangkok. During such watch, the movement and behavior of two passengers appeared suspicious to the officers. On completion of immigration and other formalities, when these two passengers, namely, Shri Sham Sunder Gaba and Shri Rajesh Bhatia, holders of Indian passports reported to the Customs departure Counter for customs clearance for their onward journey to Hongkong via Bangkok by the said flight, they were intercepted by the intelligence staff. On being asked by the Customs Officers to declare foreign currency or any other contraband in their possession, both of them declared in their separate written declarations that they had only US $ 20 each.

(3.) SIMILARLY , in the course of the search of the only hand -bag of Rajesh Bhatia, foreign currency in cash viz US $1175 and Saudi Riyals 1000 were recovered which were also cleverly concealed in similar fashion inside the cooked bitter gourd (Karela) vegetables in roll form being wrapped with polythene paper and kept in plastic cover. Personal search of Rajesh Bhatia resulted in the recovery of one piece loose document and his travel documents.