VARYAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Varyam Singh, who was holding passport No. A-0330155, was intercepted near the exit gate of the Indira Gandhi International Airport while he was coming out from the red channel after giving a declaration. Varyam Singh was holding a ticket for the sector Delhi-Frankfurt-Delhi and Emirates ticket for Delhi-Dubai Frankfurt. He had with him two pieces of checked in baggage and one hand carried black colour brief case. He was accompanied by Ranbir Singh who was holding passport No. S-242700, who was also intercepted near the exit gate of the Indira Gandhi International Airport while he was walking through the green channel. He was carrying one checked in suit case in one hand and in one hand a brief case. Both of them were asked to declare whether they had carried any gold from Frankfurt to which both of them replied in the negative.

(2.) After their being intercepted, they were taken to the Custom Preventive Room and in the presence of independent witnesses were shown two packets which has been recovered from the aircraft and both of them were asked whether they had got those two packets and concealed the same in the aircraft. They admitted in the first instance that they had brought the said packets and that they had concealed the same in the meals trolley kept at the rear side of the aircraft. Both of them said that some catering staff attending to the aircraft would have removed those packets and were to be handed over the same to these two persons later on. The two packets recovered on 9.7.1996 contained 184 gold biscuits of ten tola each with foreign markings. Nothing incriminating was found from the search of their personal baggage or their person. They, however, later on retracted from their statements.

(3.) Order of detention was served not only on Varyam Singh and Ranbir Singh but also on other persons who were involved in removal of the food trolleys from the aircraft. Varyam Singh made representation to the detaining authority himself as well as through his wife. For the purpose of disposing of the present writ petition, we need not refer to the representation which was made by the wife of Varyam Singh.