MAKHAN LAL GAURI Vs. ADMINISTRATOR

JUDGEMENT

(1.) As common question arises for consideration in these two writ petitions, this judgment disposes of both of them. In Cr. Writ Petition No. 87/88, detention of Makhan Lal Gauri is being challenged, his son Vinod Kumar Gauri is the petitioner in the other writ petition viz., Cr. Writ No. 88 1988. The petitioners were detained by two separate orders of 28th January, 1988 with a view to preventing them from engaging in transporting, concealing and keeping smuggled goods viz., Gold by the Administrator of the Union territory of Delhi exercising powers conferred on him by 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 the COFEPOSA Act).

(2.) The brief facts leading to the passing of the impugned detention orders are that the residential premises namely 12/17, Old Rajinder Nagar, New Delhi of the detenues were searched by the officers of the Directorate of Revenue Intelligence on the 26th November, 1987 but nothing incriminating was recovered. Makhan Lal Gauri and his son Vinod Kumar Gauri were, however, taken to the office of the Directorate for interrogation. During interrogation they revealed that contraband Gold was being stored by them in an almirah kept in a room at 22W/75-76, West Patel Nagar, New Delhi. Vinod Kumar Gauri, (petitioner in Cr. Writ No. 88 of 1988) produced the key of that almirah from his pocket and offered to accompany the officers of the Directorate of Revenue Intelligence to the said premises at West Patel Nagar. On reaching the said house, it was found that the house was in occupation of one Shiv Charan who had rented out one of the inner rooms to Makhan Lal Gauri, petitioner in Cr. Writ No. 87 of 1988. In the presence of witnesses and the officers of the Directorate, Vinod Kumar Gauri opened the almirah, which was kept in that room, with the key which according to him had been given to him by his father. On examination, the almirah was found to contain 597 foreign marked Gold biscuits of 10 Tolas each. The Gold was valued at Rs. 2,66,72,139/-. The old biscuits were seized by the D.R.I. officers under the Customs Act, 1962.

(3.) In his statement recorded under Section 108 of the Customs Act, Makhan Lal Gauri admitted that the Gold had been handed over to him by the representative of one Qadir of Dubai. It was to be sold by him on commission basis. He was to get Rs. 2,000/as commission for selling 100 biscuits.