JAGPRIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking quashment of the detention order dated September 2, 1988 passed by Shri K.L. Verma, Joint Secretary, Ministry of Finance, Govt. of India under Section 3(1) of the COFEPOSA Act with a view to preventing the petitioner from smuggling of goods and the declaration issued under Section 9(1) of the Act dated October 4, 1988 passed by Additional Secretary, respondent No. 3.

(2.) The facts of the case, in brief, are that on August 2, 1988 the detenu arrived at I.G.I. Airport New Delhi on Flight No. EK-702 from Dubai. On some secret information the officers of the Directorate of Revenue Intelligence intercepted the detenu when he was leaving the Customs Arrival Hall through Green Channel but nothing was recovered from the baggage of the detenu. However, he was interrogated and be stated that he had brought 20 gold biscuits of 10 tolas each of foreign original from Dubai and had kept the same on top of the wall separating the toilets near the Immigration Counter. The officers then seized the said gold biscuits which were in a packet wrapped with adhesive tape. The detenu had admitted that he had brought those gold biscuits with a view to smuggle them and he was to be paid a commission of Rs. 2,000.00 by one Rafathankhan of Dubai and a Visiting Card was recovered from detenu which contained a telephone number and name of one Goldey of Dubai whom he was to contact in case of any problem regarding confirmation of seat. Petitioner also admitted that he was travelling on a .Passport issued in the name of one Damanjit Singh.

(3.) It has been also averred in the Grounds of Detention that inquiries were made and it was revealed that Raghbir Singh alias Goldey had financed the petitioner with a sum of Rs. 2,50,000.00 for purchasing gold from Dubai and he was to make a profit of Rs. 25.000.00 for every trip being made by the petitioner from Dubai to Delhi for carrying the contraband gold. Petitioner also confessed that he had made similar two trips to Dubai earlier and had smuggled 10 gold biscuits and 15 gold biscuits respectively on those two occasions and had paid Rs. 25.000.00 as profits to Goldey after selling the smuggled gold in India.