(1.) By virtue of this petition brought under Article 226' of the Constitution of India read with Section 482 of the Code of Cnininal Procedure, the petitioner has sought quashment of deletion order dated October 13, 1988, made under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, Act, 1974 (for short COFEPOSA Act') by Shri K. L.Verma, Joint Secretary to the Government of India, Ministry of Finance, with aview, to Preventing the petitioner from smuggling goods.
(2.) The facts, inbrief, are that on June 21,1988, the petitioner, who is an Indan citizen having Indian passport, arrived at IGI Airport from Dubai and on being apprehended, he was found to be in possession of contraband gold in the shape of buckles affixed on the children garments which had been eletroplated with white metal.There were 381 pieces of such buckles which collectively weighed 2275 gms of gold of the value of Rs. 7,28,000. The petitioner could not produpe any evidence; documentary or otherwise, for the lawful importation of the said gold.
(3.) Various grounds have been taken in the petition challenging the impugned order but it is not necessary to refer to all those grounds because this petition is liable to succeed on a very short point.