1989, Trichi on 22.4.1989 and Calcutta on 29.4.1989 that he admitted to have been in India in 1986, 1987 1988 and that on chemi cal tests the sample was found to be companytaining 99.9 of gold.
The Hindi translation was admittedly furnished beyond a period of 5 days and numberexceptional circumstances were stated to exist.
A large number of documents were in Hindi and Gujarati and were material documents which had obviously influenced the mind of the detaining authority in arriving at the subjective satisfaction and those were all in a script or language number understood by the detenu and, there fore, it was held that the number supply of Urdu translation of those documents had clearly prejudiced the petitioners right against his detention and hence the safeguards company tained in Article 22 5 was clearly violated.
While the detention order was passed on 16 5 1989 his representation was admittedly dated only 13 6 1989.
ORIGINAL JURISDICTION Writ petition Criminal No 359 of 1989.
In the meantime bail petitions were moved on his behalf before the Chief Judicial Magistrate and the High Court.
Under Article 32 of the Constitution of India .
He was interrogated by Intelli gence officer when he made, companyrected and signed his state ments in English.
C. Mahajan, A. Subba Rao and P. Parmeshwaran for the Respondents.
Dr. Shankar Ghosh, Ashok Ganguli, Md. Nizamuddin and Ms. Mridula Ray, for the Petitioner.
His application for bail was rejected by the Chief Judicial Magistrate.
1989 he was granted bail by the Calcutta High Court but the same companyld number be availed of because of the detention order which is number being challenged in this petition.
While still in custody, he was served with the impugned detention order dated 16.5.1989 passed under section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, herein after referred to as the COFEPOSA Act along with the grounds of detention.
On 30.4.1989, he was produced before the Chief Judicial Magistrate, Barasat who remanded him to jail custody till 15th May, 1989.
The Judgment of the Court was delivered by N. SAIKIA, J. Mr. Kubic Dariusz, a Polish national, holding a Polish passport arriving Calcutta by air from Singapore via Bangkok was arrested on 29.4.1989 under sec tion 104 of the Customs Act, by the officers of the Customs Department attached to Calcutta Airport, on the ground that he was carrying in his possession foreign gold weighing about 70 tolas.
On 24.5.
The detention order was passed with a view to preventing the detenu from smuggling goods and it stated that the detaining authority, namely, the Additional Secretary to the Government of India in the department of Revenue, Ministry of Finance, was satisfied that the detenu was likely to smuggle goods into and through Calcutta Airport which was an area highly vulnerable to smuggling as defined in Explana tion 1 to section 9 1 of the COFEPOSA Act.
In the grounds of detention it was stated, inter alia, that arriving at Calcutta by Thai Airways the detenu opted for the green Channel meant for the passengers number having any dutiable and or prohibited goods for customs clearance and proceeded towards the exit gate that he declared that he did number have any gold with him, but on search 7 gold bars weighing 70 tolas valued approximately at Rs.2,71,728 deftly companycealed between the inner soles of the left and right sports shoes in specially made cavities were recovered that in his voluntary statement before the customs officer he admitted the recovery that he had been able to learn English as he was with some English people during the period of 2nd Ke dardham Expedition or Kedarnath Dham Expedition in the year 1987 and he was also learning English when he was in France in the year 1985 that scrutiny of his passport revealed that he visited Delhi on 6.2.1989 21.2.
