ANDREW SIMON KING Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment disposes of Cr. Writ Petition No. 93 of 1988 and Cr. Writ Petition No. 94 of 1988 as the main question arising for consideration in both these petitions is common.

(2.) Andrew Simon King, who is the petitioner in C.. Writ No. 93 of 1988 and Lesniewski Piotr, who is the petitioner in Cr. Writ No. 94 of 1988 have been detained in Central Jail, Tihar, New Delhi by virtue of two separate orders dated the August 25. 1987 passed by the Administrator of the Union Territory 'of Delhi under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA). The said orders were passed with a view to preventing the petitioners from smuggling goods, viz., gold into India. The grounds of detention also dated the August 25, 1987 were served on the petitioners on August 31,1987, while they were in judicial custody.

(3.) The facts leading to the passing of the detention order so far as they are relevant may be set out The Directorate of Revenue Intelligence had received report that one person, namely Ashok alias Ravi Jain was actively involved in receiving and distributing smuggled gold which was being brought to India through carriers coming by air at Delhi Airport. The Officers of the said Directorate kept a watch on the movements of Ashok alias Ravi Jain as well as on the movements of certain suspect foreign nationals. On June 19, 1987 the officers were able to identify the two petitioners namely, Andrew Simon King, a British national and Lesniewski Piotr, a Swedish national who had succeeded in smuggling gold into India through the Delhi Airport and were to deliver the same to the said Ravi Jain. The intelligence report suggested that the petitioners who had arrived from Amsterdam by KLM flight in the morning hours of June 19, 1987, were to deliver the gold to Jain at Maurya Sheraton Hotel. The petitioners had checked into room No 1107 of that hotel. The officers of the Directorate kept a discreet watch to await arrival of the said Ravi Jain who was to pick up the gold which had been smuggled by the petitioners.