SHARAFUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) On April 14, 1986, one Shri K.T. Mohd. Ibrahim of Chowghat, Trichur District, landed at Trivendrum airport from Abu Dhabi by Air India flight no. AI-921. After health and immigration clearance, he gave and signed a declaration informing that he is carrying goods of the total value of Rs. 8390.00 . He was asked by the Customs Officer whether he was in possession of any gold, gold ornaments or any other good in excess of what he has declared. He answered in the negative. On suspicion, his baggage was examined. As a result, two gold biscuits concealed in two "sovereign king size cigarette packets using adhesive tapes were recovered. The examination of his Hitachi VCR resulted in the recovery of six golds biscuits pasted with adhesive tapes. The total weight of the 8 gold biscuits was found to be 928 grams and its market value was assessed at Rs. 2, 04.880.00 . He did not produce any documentation for licit importation of the 8 gold biscuits, recovered from his baggage.

(2.) His personal search resulted in the recovery of 4 letters alleged to have been written by a person, to his brother-in-law, wife, parents and friends. Extracts from one of the letters addressed to the present petitioner indicated that part of the gold consignment was meant to be delivered to him against payment.

(3.) On the same day, Shri K.T. Mohd. Ibrahim gave a voluntary statement in his own hand undersection 108 of the Customs Act, admitting the recovery of the gold biscuits from his baggage and the incriminating documents/letters from his personal search. He was arrested there and then.