SHIRAJ AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the detention made by other dated 4th November, 1988 passed by respondent No. 2, the Administrator of Union Territory of Delhi, invoking the provisions of section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act'), and seeks issuance of writ of habeas corpus for any other order or direction quashing the order of detention, 'and directing his release.

(2.) The facts in so far as they are relevant for the disposal of the present petition, succinctly are that the petitioner on arrival from Dubai at Indira Gandhi International Airport, New Delhi on 29th June, 1988 was found to have carried in his baggage gold weighing 334 gms. (gross), 330 gms. (net) of 24 ct. purity, valued at Rs. 1,05,600.00 , the same having been concealed at the back of the speakers of three telephones and two transistors. The gold was seized. The petitioner was placed under arrest, and thereafter examined under section 108 of the Customs Act. In his statement) he revealed that the gold that had been recovered from the telephones (transisters had been handed over,to him by his friend Ali Sher in Dubai who was there for the last three years and had been coming and going back in between hut was presently in Dubai, and that it was said Ali Sher who had purchased petitioner's ticket to and from Dubai and .that he had been asked by him to take the gold out without payment of duty, and he would collect the same from him on reaching Delhi, but he was not aware as to how Ali Sher got gold melted for concealment in the telephones/transisters. In this very statement the petitioner revealed that this was his first mistake and he wanted to be excused as he had fallen a prey to greed.

(3.) The petitioner was subsequently released on bail by order pasted by the Addl. Chief Metropolitan Magistrate on 11th July, 1988 on his frunishing personal bond in the sum of Rs 7000.00 with one surety in the like amount subject to the condition that he shall not leave the country without the written permission of the court, and shall report to the customs officer on every Monday at 10 a.m. till one month.