PUNNILATHU BAPPU NAVAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the rival parties. Perused petition.

(2.) The petitioner on 10th October, 1993 arrived from Muscat holding Gulf Air Ticket for the Sector, Bombay-Muscat-Bombay. The petitioner was intercepted and his baggages were examined and gold weighing 10,144.20 gms. was recovered from him. Panchanama was duly drawn and the gold in question was seized. The petitioner on 20th October, 1993 was arrested and produced before the Chief Metropolitan Magistrate and came to be remanded to the Judicial Custody. The petitioner's statement was recorded under Sec. 108 of the Customs Act, 1962 and thereafter, he was released.

(3.) In the aforesaid statement, the petitioner made a statement that the gold which was purchased by him was out of his own savings. The said gold was to be sold in India at Trichur for the purpose of making a profit since the petitioner had desired to start some business in India.