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.
Similarly Vijay Kumar also made a state ment.
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 residential premises of the petitioner was searched and he was taken into custody.
He also gave some more details about Avtar Singh.
The grounds were also served in time.
Harjinder Singh and R.N. Joshi for the Petitioner.
An application was filed in the companyrt of C.M.M. Delhi for extending the remand and the remand was granted upto 6.7.89.
From these statements it is also revealed that peti tioner herein Sanjeev Kumar Aggarwal had made arrangements for selling the gold biscuits.
It is true that the petitioner was in judicial custody in companynection with crimi nal proceedings.
The officers of the Directorate of Revenue Intelligence questioned the petitioner and he gave a statement.
The detenu was detained under Section 3 1 of the Con servation of Foreign Exchange and Prevention of Smuggling Activities Act hereinafter referred to as the Act by an order dated 13.7.89.
CRIMINAL APPELLATE JURISDICTION S.L.P. Criminal No.
Mahesh Kumar admitted that he was visiting Dubai frequently to bring company sumer goods and gold ornaments for being sold in the local market.
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.
2485 of 1989.
The Judgment of the Court was delivered by 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.
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.
The learned companynsel submitted that there is a total number application of mind by the detaining authority inasmuch as he was 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 the Judgment and Order dated 12.12.1989 of the Delhi High Court in C.W.P. 589 of 1989.
Notice was given and after hearing companynsel for both the parties at length the matter is being disposed of at the admission stage.
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 occupants did number give any explanation for the possession of gold biscuits.
Soli J. Sorabjee, P.K. Goswamy, Udai Lalit, C.V.S. Rao, Parmeshwaran and Sushma Suri for the Respondents.
