LAL KHEMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition seeking quashing of detention order dated 9th April, 1999 No. F. 5/42/98 passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act) with a view to preventing petitioner from smuggling goods.

(2.) Brief facts giving rise to this petition are that the petitioner was intercepted at the IGI Airport by the Customs Preventive Officers when he arrived from Singapore on 20th July, 1998 while he was just going through the Green Channel after collecting his luggage. At the Green Channel petitioner was asked whether he had any dutiable goods to which he replied in negative, Search of his baggage resulted in recovery of 30 pieces of Hard Disc made in China, valued at Rs. 2,10,000.00 . Subsequently, two more checked in baggages belonging to the petitioner having foreign made goods were recovered from the conveyor belt having different tags. The goods recovered from the petitioner were valued at Rs. 4,92,500.00 . He was arrested and was sent to judicial custody on 21st July, 1998 and subsequently on 5th November, 1998 he was granted bail by the Learned Single Judge on his furnis hing two local sureties in the sum of Rs. 1 lac each with other conditions. On 9th April, 1999, the impugned order of detention was passed against the petitioner, in pursuance of the which the petitioner was detained on 10th April, 1999.

(3.) We have heard Mr. Harjinder Singh, learned counsel for the petitioner, Mr. K.C. Mittal, learned counsel for Govt. of T of Delhi and Mr. H.S. Phoolka, learned counsel for the Union of India and have been taken through the record.