RAFIQ AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein was detained on Ist Oct. 1988, pursuant to the order of detention passed on 29th Sept. 1988 by the Administrator of Union Territory of Delhi, in exercise of the powers under S.3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act) on the view that his detention was necessary to prevent smuggling of goods, namely, gold into India.

(2.) The detention order was passed as a sequel to recovery of gold weighing 520.800 gms. valued at Rs. 1,66,320/- from the petitioner on his arrival from Bombay as domestic passenger by Air India flight No. 316 Delhi-Bombay-Dubai-Bombay-Delhi on 12th April, 1988. The statement of the petitioner was recorded under S.108 of the Customs Act, 1962 wherein he allegedly admitted recovery and gave further details. He was placed under arrest but subsequently released on bail by order passed by the Addl. Chief Metropolitan Magistrate, New Delhi on 22nd April, 1988.

(3.) However, it was felt necessary to detain him preventively and thus Order under challenge, in this writ petition was passed. The petitioner has filed this petition under Art.226 of the Constitution, seeking issuance of writ of habeas corpus or any other writ, order or direction for his immediate release by quashing the detention order dt. 29th Sept. 1988, passed by the Administrator of Union. Territory of Delhi on a number of pleas set out as grounds I to XXI in the writ petition.