On 7 6 89 Officers of Directorate of Revenue Intelligence, New Delhi intercepted a Maruti Car in which one Mahesh Kumar Chauhan and three others were present but numberrecovery was effected on the spot.
But later on the Car was thoroughly rummaged in presence of two independent witnesses and the occupants of the car and 206 foreign marked gold biscuits of ten tolas each were recovered from the cavities of the car meant for fitting speakers in the rear portion of the car.
The grounds were also served in time.
The occupants did number give any explanation for the possession of gold biscuits.
An application was filed in the Court of A.C.M.M, Delhi for extending the remand and the remand was granted up to 6 7 89.
Notice was given and after hearing companynsel for both the parties at length the matter is being disposed of at the admission stage.
One Avtar Singh who was engaged in smuggling of foreign gold biscuits, agreed to sell the gold biscuits to Mahesh Kumar on companymission.
The premises of these two peoples were searched and a receipt of token tax in respect of the car was recovered.
However, two detenus who figured as companyaccused in that criminal proceedings were also in the judicial custody and on their behalf an application for bail was filed.
He also gave some more details about Avtar Singh.
On personal search of Mahesh, a slip was recovered which companytained a telephone number and Mahesh Kumar in his statement admitted that he was to hand over the smuggled goods to one Vijay Kumar.
The residential premises of the petitioner was searched and he was taken into custody.
Mahesh Kumar admitted that he was visiting Dubai frequently to bring companysumer goods and gold ornaments for being sold in the local market.
The detenu was detained under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act hereinafter referred to as the Act by an order dated 13 7 89.
The learned Counsel submitted that there is a total number application of mind by the detaining authority inasmuch as he has failed to numbere that the detenu was in jail and that there is numberpossibility of his being released and the failure on the part of the detaining authority to companysider the same renders the detention invalid.
From these statements it is also revealed that petitioner herein Sanjeev Kumar Aggarwal had made arrangements for selling the gold biscuits.
On the basis of this material the detaining authority passed an order of detention on 13 7 89 and the same was served on 24 7 89.
The officers of the Directorate of Revenue Intelligence questioned the petitioner and he gave a statement.
Similarly Vijay Kumar also made a statement.
Jayachandra Reddy, J. This is a petition under Article 136 of the Constitution of India against the judgment and order of the High Court of Delhi dismissing the writ petition filed on behalf of the detenu challenging the detention.
