HARBHAJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through his wife has filed the present writ petition praying for a writ, orders or directions for quashing the detention order made on July II, 1988, passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') with a view to prevent the petitioner from indulging in smuggling activities and a subsequent declaration made on August 2, 1988, under Section 9 of the COFEPOSA Act, by respondent No. 1.

(2.) Facts, in brief, are that the petitioner was stated to have come from Dubai in Air India Flight No. AI-890 on June 14, 1988, via Delhi for Bombay destination while the aircraft landed at Delhi the Customs Officers made queries from the petitioner who was sitting on seat No. 24-A as to whether he was smuggling any contraband. On his denying the same his seat was rummaged and one packet wrapped with Air India polythene bag was recovered from the cusion of the said seat which was found to contain four gold biscuits and two gold chains. The statement of the petitioner under Section 108 of the Customs Act, 1962, was recorded and he confessed of his having smuggled the said contraband at the behest of some person who had promised to pay him Rs. 2,000 and he was to pass on the said packet to a passenger who was to travel in that aircraft from Delhi to Bombay.

(3.) Various grounds have been taken in the writ petition for challenging the detention order as well as the declaration but it is not necessary to deal with all these grounds because the petition is liable to succeed on a very short ground.