KAILASH CHANDER TANDON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is the father of one Rajiv Kumar Tandon who has been detained vide order dated 5th of September, 1992 issued by the Principal Secretary (preventive Detention) to the Government of Maharashtra, Home Department under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter for the sake of brevity COFEPOSA Act ). By the present petition, he seeks a writ of habeas corpus and prays for release of the detenu on several grounds which have been taken in the petition.

(2.) THE incident which h as led to the filing of the present petition is as follows: On 11th of February, 1992 Customs Officers at the Sahar Airport intercepted the detenu when he arrived by Air India flights No. Al 401 from Singapore via Madras. When he was about to pass through exit gate Customs Officers apprehended him and inquired whether he was carrying any contraband goods on his person or in his baggage. To this the detenu replied in the negative. The detenu was asked to pass through the metal detector door frame which gave a positive signal. The detenu was, thereafter, interrogated. In the presence of Panchas the detenu admitted that he had swallowed seven capsules containing gold in his stomach and concealed two packets containing gold in his rectum. He ejected two bundles wrapped in blue coloured adhesive tape from his rectum in a toilet and in the presence of Panchas. On opening, it was found to contain six gold bars of foreign markings, totally weighing 699. 6 Gms. valued at Rs. 2,09,880/- I. M. V. and Rs. 3,37,906. 80 L. M. V. On 12. 2. 1992 the detenu ejected three capsules containing three pieces of gold totally weighing 84 gms. valued at Rs. 25,116/- I. M. V. and Rs. 40,740/- L. M. V. which was also seized. On 13th February, 1992 he ejected four capsules containing four pieces of gold collectively weighing 122 gms. valued at Rs. 35,600/- I. M. V. and Rs. 57,584/-I. M. V. which was also seized. Thus, in all 905. 6 gms. of Gold valued at Rs. 2,71,596/- I. M. V. and Rs. 4,36,260. 80 L. M. V. were recovered and seized from the detenu. The detenu was arrested on the 13th of February 1992 and was produced before the Chief Metropolitan Magistrate on 14th February, 1992 with a prayer for remand. On the same day the detenu was ordered to be released on bail and the detenu was accordingly enlarged on bail on the 14th of February, 1992.

(3.) ON the 5th of September, 1992 the impugned order was passed and the same was served on the detenu on the 15th of July, 1994 and the detenu was taken in custody.