RAJENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition is by Shri Rajendra Sharma, real brother of detenu, Shri Satyanarain Sharma. An order under section 3 (1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, (for short the Act) has been passed by the State Government through the Secretary, Home Department, on 28/1/1992. The petitioner has challenged the aforesaid order.

(2.) Before we may take up the grounds of challenge to the impugned order, we will like to have brief resume of the facts: A Vespa Scooter No. RJ-14- IM-4848 was intercepted by the Customs Officers on 2/7/1991 and a person who was driving the Scooter was also arrested. The person disclosed his identity as Han Narain Han Sb Shri Phool Chand. During the search, 10 gold pieces bearing foreign marka, were recovered from the locket of his trouser. The purity of the gold was examined which was found to be 1199911 Tunch and it was thus 24 carats purity gold. Each of the pieces when weighed, was found to be 116.650 grams and the total weight of the gold biscuits recovered was 1166.500 grams and the value thereof was worth Rs. 4,32,500.00. It was noticed that the foreign marka from the 10 pieces of the gold biscuits had been removed through roller machine. Shri Han Narain failed to produce any licence or any document in respect of the lawful possession of the said 10 biscuits. So, therefore, on a reasonable belief that the said 10 gold biscuits were liable to be confiscated as having been or ought in India in violation of Import Export (Control) Act, 1947, the same were seized by the Custom Officers/Authorities. There was thorough interrogation of Han Narain by the Custom Authorities. His statement under section 108 of the Customs Act was recorded and in the follow up action the search of various premises including residential as well as professional was taken up by the Customs Authorities.

(3.) Upon search of the business premises of M/s. Ram Namin Shri Ram Soni by the Customs Officers, Ghanshyam alongwith the detenu were found present and during the search one gold biscuit and Indian Currency notes worth Rs. 1,45,700.00 were recovered from the business premises, When the Customs Authorities reached the aforesaid business premises of M/s. Ram Namin Shriram Soni, Shri Satya Narain (detenu) was found indulging in removing foreign marka from one gold biscuit, weighing ten tolas. As said earlier, ten gold biscuits were recovered upon the search of Shri Han Namin, the foreign marka from those biscuits had been removed through some process by roller machine, therefore, further investigation was conducted and it came to the notice of the authorities that Han Namin was going with the ten biscuits to deliver them to one, Shri Kishor Lashkari, and then he was also apprehended. So far as detenu-Satya Narain is concerned, he was not immediately arrested but his statement was recorded under section 108 of the Customs Act. Thereafter, a detention order was made against him also.