DUKH BHANJAN SINGH Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) The petitioner. Dukh Bhanjan Singh, challenges his detention, be means of detention older dated 28th June, 1988, passed by the Administrator of Union Territory of Delhi, under the provisions of Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (COFEPOSA Act for short). The petitioner is in custody since 6th July. 1988 pursuant to the detention order and he seeks issuance of a writ of habeas corpus or any other appropriate writ, order or direction for his release by raising a number of issues, impinging on the validity and legality of the detention order as well as his continued detention, thereunder.

(2.) The facts briefly stated are that the petitioner is a resident of a place in Patiala, State of Punjab. He was intercepted at Indra Gandhi International Airport, New Delhi on 7th March, 1988 on his arrival from Dubai by British Airways flight, when on being checked his baggage was found to contain besides other things, part of which had been declared and cleared after payment of customs duty, two bottles of shampoo and packets containing cloves. These appeared to be extraordinarily heavy and thus attracted the suspicion of the Customs Officer. The contents were taken out and filtered and the residue was found to be consisting of a bright yellow-metal powder. This on analysis by certain gold dealer called to test the said yellow metallic powder, was reported to be gold powder of 24 cts. purity weighing 625 gms, valued at Rs. 2,04,375/-. In view of the fact that the petitioner failed to produce any evidence, documentary or otherwise, for lawful import of the said gold powder, and could not offer any justification for his lack of explanation to make necessary declaration of dutiable goods carried by him, the gold was seized on the reasonable belief that the same was liable to confiscation under the provisions of the Customs Act.

(3.) On statement being recorded under section 108 of the Customs Act, the petitioner revealed that ho had his residence as well as business in Patiala but for the last some years starting from 1985, he had got a passport issued and made certain visits to Hong Kong, and brought goods which he cleared after payment of duty and sold at some profits. According to him, he got the passport presently with him issued on 18th February, 1987 and thereafter made 12 visits, including the one when he was caught, to Hong Kong and Singapore and had been bringing goods, clearing them on payment of duty, and selling them in the market and making some profit. He disclosed that on this occasion, he had gone to Dubai on 4th March, 1988, which was his first visit to that place, and there one Sudhir Kumar became friendly with him, and looked after him, and it was said Sudhir Kumar who had handed over to him two shampoo bottles and packets of cloves with request to carry and hand over the same to one person named Pawan Kumar, who was to meet him outside the airport, and to pay him the remuneration for this work. He, however, admitted that Sudhir Kumar had taken him in confidence and told him that the bottles and packets contained gold powder and had rather wanted him to take good care. He further stated that he never before indulged in any illegal or clandestine activity of import of gold and that this was the first time that Sudhir Kumar had influenced him for carrying the same on his behalf and that he knew neither the address of Sudhir Kumar nor that of Pawan Kumar in Delhi.