YOGESH CHOPRA Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner Yogesh Chopra prays for the issuance of an appropriate writ for quashing the detention order dated January 8, 1988 passed by the Administrator of the Union Territory of Delhi, respondent No. 1 under Section 3(1) read with S. 2(f) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (for short 'the Act'), and for an order directing that the petitioner- detenu be set at liberty forthwith.

(2.) It is alleged in the grounds of detention that the petitioner was trying to export certain precious and semi-precious stones from India to Bangkok when he was apprehended on 15th September, 1987 at Indira Gandhi International Airport, New Delhi. The petitioner had reported at the Customs Counter at the said Airport. As a result of the examination of the suit case of the petitioner, the Customs Officers recovered one packet of ruby necklace, three packets of rubies, one packet of aquamarines. one packet of emaralds and two other packets of emaralds, all concealed in different parts of the suit case. Three packets containing emaralds were also stated to have been recovered concealed in two tins of Pan Parag Pan Masala kept in the same suit case. Besides that 359 Thai Bhatts and some documents were also recovered from the personal search of the petitioner.

(3.) The petitioner could not produce any evidence for the lawful export of the recovered precious and semi-precious stones and the foreign currency, namely Thai Bhatts. All the was seized by the Customs Officers.