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High Court Of Delhi
RAM GOYAL - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 04/28/1983
COFEPOSA ACT - SECTION 3(1) READ WITH SECTION 2(F) - SUMMARY
Fact of the Case:
Petitioners, Indian origin holders of Nepalese passports, were arrested at Delhi Airport for smuggling gold bars. Prosecution was initiated, pre-charge evidence was recorded, and charges were framed. During the pendency of the prosecution, detention orders were issued against the petitioners under COFEPOSA.
Finding of the Court:
The Court held that the pendency of prosecution, pre-charge evidence, bail applications, and the order on charge were relevant circumstances that should have been considered by the Administrator before passing the detention order. The non-consideration of these factors vitiated the subjective satisfaction of the Administrator.
Issues: Whether the Administrator considered all relevant circumstances before passing the detention order under COFEPOSA.
Ratio Decidendi: The Court relied on the principles established in Sk. Nizamuddin v. State of West Bengal and Ashadevi v. K. Shivraj, holding that the detaining authority must consider all relevant circumstances and that failure to do so would invalidate the detention order.
Final Decision: The Court allowed the writ petitions and quashed the detention orders passed against the petitioners.
( 1 ) -BY a formal order dated 28th April, 1983, Criminal Writ Petitions Nos. 37 and 38 of 1983, filed by Shri Ram Goyal and Sita Ram Jodhani were allowed and the orders of detention dated 3rd July, 1982 issued against them were quashed. The petitioners were ordered to be set at liberty, unless they were required to be in detention under any other valid law or order or if a prosecution was pending against them in which they had been arrested but had not been enlarged on bail. The detailed reasons for the passing of the aforesaid order are given hercunder.
( 2 ) BRIEFLY stated, the relevant facts are that the two petitioners are of Indian origin but hold Nepalese passports. According to them they are permanent residents of Nepal. On 4th May, 1982 both of them arrived by Panam flight from Hongkong at 3. 20 A. M.
( 3 ) ACCORDING to the respondents, the petitioners Shri Ram Goyal and Sita Ram Jodhani collected their baggage and reported at counter Nos. 4 and 7 respectively in the red channel of the International Arrival Hall, Delhi Airport. Both of them were cleared by the Customs Officer and were allowed to go. At the exit gate, however, they were intercepted by the Preventive and Intelligence staff of the Customs. It is alleged by the respondents that the petitioners were asked, in the presence of independent witnesses, if they were carrying any gold or any other contraband. The petitioners replied in the negative. The baggage of the petitioners was thereafter searched and this resulted in the recovery of 13 gold bars from the baggage of Shri Ram Goyal and 13 gold bars and 3 gold strips from the baggage of Sita Ram Jodhani.
( 4 ) THE petitioners were then arrested. On that very day complaint was filed by the Customs Authorities, after obtaining the sanction of the Collector of Customs for prosecution under Section 135 of the Customs Act, 1962. The petitioners were produced before the Additional Chief Metropolitan Magistrate, New Delhi and they were remanded to judicial custody.
( 5 ) THEREAFTER the Additional Chief Metropolitan Magistrate ordered the recording of the pre-charge evidence. As regards Shri Ram Goyal, precharge evidence in connection with his case commenced on 21st May, 1982 and concluded on 26th June, 1982. Thereafter on 26th July, 1982 the A. C. M. M. passed an order on charge. The contentions raised on behalf of the petitioner were not accepted. Thereafter on 30th July, 1982 charges were framed against the petitioner.
( 6 ) AS regards the case of Sita Ram Jodhani, the pre-charge evidence against him also commenced on 21st May, 1982 but the said evidence concluded on 8th June, 1982. On 26th June, 1982 the A. C. M. M. passed the order on charge and directed that the charges be framed on 28th June, 1982. The charges were framed against Sita Ram Jodhani on that date.
( 7 ) ON 3rd July, 1982 orders were passed against the petitioners under Section 3 (1) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as cofeposa Act ) by the Administrator of the union territory of Delhi. The orders which were passed were identical in the case of both the petitioners. It was stated in the orders that they were passed "with a view to preventing him from smuggling goods viz. gold bars into India". Thereafter the petitioners were also served with the grounds of detention which carried with it 16 documents as per the list annexed to the said grounds of detention. The documents, which were annexed to the grounds of detention, inter alia, included the alleged confessional statements of the petitioners and other incriminating documents which were stated to have been relied upon by the detaining authority at the time of arriving at the satisfaction that it was necessary to detain the petitioners under Section 3 of the GOFEPOSA Act. The photo copies of the said documents were also furnished to the petitioners. The perusal of the detention
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