LAKHMIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Indian Airlines Flight No. 251 was boarded by Lakhmir Singh son of Sri Mahan Singh on Aug. 25, 1985 at Kathmandu in Nepal. Little did he realise what lay in store for him. The flight was heading towards Delhi. It touched the Babatpur Airport at Varanasi at about 12.30 in the day. Lakhmir Singh got out of the plane. He was called to counter No. 1 by the Custom Authorities and asked to give search. No contraband articles were recovered from the person of Lakhmir Singh nor from the two bags which he was carrying at that time. On enquiry, Lakhmir Singh declared that he had no other luggage and prayed that the formalities may be completed soon as he had to proceed to Delhi by the same flight. The Customs Authorities, however, took him back to the plane as they had been alerted through information given to them secretly that Lakhmir Singh was carrying some contraband goods which he was taking to Delhi for clandestine sale. They sought permission of the Engineer In-charge of the plane and searched the toilet of the plane, in presence of two independent witnesses, where they found a V.C.R., a bag and four packets concealed in the cavity/panel, the bag and the four packets contained a large number of foreign watches, watch chains, watch pins which, together with the V.C.R. were of the value of Rs. 5,22,724,/-.

(2.) When questioned about the aforesaid recovery, Lakhmir Singh admitted before witnesses of the search that he had himself concealed those goods in the cavity of the lower toilet while juice etc. was being served to the passengers in the plane. Also that he had purchased all these articles in Hongkong and was taking it to Delhi for selling the same on a higher price. He was to hand them over to one Ram Chandra in Karol Bagh, Delhi. The fact that the bags which were found concealed in the cavity were being carried by Lakhmir Singh was deposed to by the two Air Hostesses and the Flight Purser as also that Lakhmir Singh was the only Sardarji travelling in the plane.

(3.) Lakhmir Singh gave another statement to the Customs Authorities next day, namely, on Aug. 26, 1985. He said that he was living in Bangkok for the last 18/19 years and that on Aug., 28 (25?), 1985 he was carrying the aforesaid goods secretly by concealing it in the toilet of the plane during his flight from Nepal. Lakhmir Singh was taken into custody under the Customs Act and was produced before the Remand Magistrate, Varanasi on Aug. 27, 1985. The Magistrate permitted him to be kept in custody for 14 days and for being transferred to Central Jail, Naini so that he could be produced before the Special Chief Judicial Magistrate, Allahabad. While there, Lakhmir Singh made repeated applications for being enlarged on bail but was not successful in securing an order of release on bail. On Oct., 25, 1985, Lakhmir Singh was served with a copy of an order of Oct. 24, directing his detention in exercise of powers under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (briefly COFEPOSA). This was accompanied by the grounds of his detention and other relevant papers. Copies of the order and the grounds are annexures-1 and 2 to the present Habeas Corpus Petition. The grounds in substance, are in the nature of a recital of the aforesaid facts on the basis whereof it was inferred that Lakhmir Singh was involved in smuggling of contraband goods and was likely to transport such contraband goods and conceal it with a view to smuggling the same and that it was necessary to detain him with a view to stop from doing so in future.