DINESH KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) By this petition under Article 226 of the Constitution of India, for a writ of Habeas Corpus, the petitioner challenges the detention of Dinesh Kumar Jain on 11/8/1998, pursuant to the order passed on 20/5/1998 by the Lt.Governor of National Capital Territory of Delhi in exercise of powers conferred under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA Act).

(3.) The order of detention is based on the subjective satisfaction of the detaining authority that it was necessary to detain the said detenu with a view to preventing him from smuggling goods and also preventing him from engaging in transporting, concealing and keeping smuggled goods, in future. According to the grounds of detention, on 20/1/1997, the detenu, identifying himself as Rajendra Kumar, holding Indian Passport in that name, got himself cleared through immigration and customs in the departure hall of the Indira Gandhi International Airport, New Delhi for going to Sharjah when, on suspicion, he was intercepted by the Air Customs Officer (Preventive) and was asked as to whether he was carrying any foreign currency, narcotic drugs etc to which he replied in the negative. After serving a notice under section 102 of the Customs Act, 1962, in the presence of two independent witnesses, his personal search was conducted, which resulted in the recovery of substantial amount of foreign currency from his belt and locket. Further search of his handbag also resulted in recovery of foreign currency meticulously concealed in its handles. The total foreign and Indian currency so recovered was equivalent to Rs.4,20,230.00 , which was seized. In his voluntary statement tendered under section 108 of the Customs Act the detenu, while admitting the recovery of the said currency, stated that it was given to him by a person in Muzaffar Nagar U.P. for carrying it to Sharjah for which he was to get Rs.5,000.00 besides to and fro ticket to Sharjah. The detenu was arrested on 21/1/1997 and was produced before the Additional Chief Metropolitan Magistrate, New Delhi, who, after remanding him to judicial custody till 3/2/1997, admitted him to bail on 4/2/1997. The detenu retracted his statement on 6/4/1997. Further investigations revealed that the detenu had visited abroad a number of times under the fake name as well as his real name.