ASHOK KUMAR Vs. ADMINISTRATOR UNION TERRITORY OF DELHI

JUDGEMENT

(1.) Shri Ashok Kumar Verma is the petitioner. He has challenged the order of his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act), dated 11.2.1987.

(2.) In order to appreciate the contentions of the petitioner, it is relevant to keep in mind the few salient features leading to his arrest and the order of dentention. The Directorate of Revenue Intelligence Officers has a secret information that the petitioner is dealing in smuggled goods. They maintained a surveillance at his residential as well as business premises in Pragati Market Ashok Vihar, Delhi. On the morning of 7.11.1986, the officers spotted a red Maruti car parked near his residence. Later on this very car was again seen parked near the business premises of the petitioner. In the afternoon, of the same day, this car was intercepted near Alpana cinema. One Shri Ram Kishore Gupta was driving the car. In the presence of the independent witnesses, the car was searched and Indian currency amounting to Rs. 1,80,000.00 was recovered from the left side front seat. The currency was seized under the Customs Act 1982. Later on, this car was thoroughly examined which resulted in the recovery of a polythene bag concealed underneath the left side front seat alongwith the currency amounting to Rs. 10,000.00 The polythene bag was found to contain five small packets wrapped with adhesive papers and each of the five packets was found to contain ten foreign marking gold biscuits of 10 tolas each. The value of the said 50 gold biscuits of 24 carrats was assessed at Rs. 13,88,135.00 . On demand Shri Ram Kishore Gupta could not produce doumentary evidence for its lawful possession. The said gold biscuits were seized on reasonable belief that the same had been smuggled into India in contravention of the provisions of the Customs Act, 1962.

(3.) In his statement recorded under Section 108 of, the Customs Act on 7.11.1986 and 8.11.1986, Shri Ram Kishore Gupta faily involved and named Shri Ashok Kumar Verma, the present petitioner and his brother Anoop Kumar Verma, dealing in smuggled gold; that he has been engaged by the petitioner and his brother Anoop Kumar since February, 1982 to sell the smuggled goods and collect the sale proceeds on their behalf and that he was paid Rs.4000.00 per mensem; that on 7.11. 86, he was called by the petitioner and was told to collect the sale proceeds from one Vinod Chaudhary near Alpana cinema. He was proceeding to Alpana cinema when his car was intercepted and the recovery of the articles effected.