YASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Mohd. Yasin travelled by Pakistan Airways Flight No. PK-270 from Lahore and Delhi on 20.4.1996. At the Indira Gandhi International Airport at New Delhi, he went through red channel and declared some goods as dutiable goods. As the custom officials were suspicious, they examined the baggage and found that 18 pair of "Chappals" which had been brought by Mohd. Yasin had unusual weight. On further examination it was found that the heels instead of being solid, had cavities therein, and in the cavities 73 pieces of gold were discovered. The baggage was examined and 8 gold pieces of 10 toles were discovered. The total gold discovered was 1.632 kgs in weight.

(2.) On the happening of the aforesaid events, Mohd. Yasin was arrested and charged under the Customs Act with offences under Sections 132 and 135(1)(a) of the Customs Act, 1962. On 16.7.1996, the Additional Chief Metropolitan Magistrate permitted him to be released on bail on a bail bond of Rs. 1.5 lacs. As he could not furnish the bail bond, he remained in judicial custody.

(3.) On 9.8.1996, order of detention was served on the petitioner Mohd. Yasin.