M.B. Sharma, J. - (1.) We will dispose of the above numbered two habeas corpus petitions by this common order as most of the grounds on which the detention orders have been challenged are common in both these cases. First of all we will give few facts in respect of each of the cases and then we will enumerate the grounds on which the detention orders have been challenged and thereafter we will proceed to deal with each of the grounds. Facts in Respect of D.B. Habeas Corpus Petition No. 1194/1992 Gyan Chand Jain v. State of Rajasthan and Others .
(2.) Gyan Chand Jain, the petitioner, is father of detenue Sunil Longiya. The Customs Officers acting on prior information on July 17, 1991, at about 8.30 a.m. intercepted Sunil Longiya, who was then riding on a Priya Scooter No. RNV 7660, at Sabji Ma ndi, Janta Bazar, Kanwar Nagar, Jaipur. When the scooter which the detenue was riding, was caught from its back, the detenue had fallen from it and tried to made an attempt to run away, but he was caught by the Customs Officers. The detenue made an attempt to release himself, grappled with the customs authorities who received injuries in the presence of two witnesses. The detenue who disclosed his name as Sunil Longiya alias Guddu admitted that he had gold biscuits bearing foreign mark. The detenue was taken to the Central Customs Office, Statue Circle, Jaipur, where in the presence of the witnesses, the search of the detenue was conducted and from the right pocket of his pant 12 gold biscuits bearing foreign mark and 13 biscuits from his left pocket of the pant were recovered. On the aforesaid gold biscuits 'JOHNSON HATTHEY LONDON 9990 10 TOLAS' was engraved. The detenue could not furnish any explanation for the possession of the aforesaid gold biscuits. A sum of Rs.8000/- cash was also recovered along with a paper slip from the pocket of his shirt. The aforesaid 25 Foreign Mark gold biscuits had been brought to India and were liable to be confiscated under Section 111 of the Customs Act and therefore, the Customs Officers seized the aforesaid gold biscuits under Section 110 of the Customs Act. The purety of the gold biscuits recovered was found to be 24 carat. The cash recovered from the detenue was returned back to him. Each of the gold biscuits was 10 tolas, in all 250 tolas, of the value of Rs. 11,50,000/, The statement of the detenue was recorded on July 17, and July 18,1991 in which it was given out that the detenue indulged in the smuggling activities and was working as carrier of smuggled articles. In his statement the detenue gave out that the said gold was given to him by one Ram Singh who was agent of Chandra Bhan and further Ram Singh paid Rs. 100/- per biscuits as commission. The detenue has also stated in the aforesaid statement that even on earlier occasion 25 biscuits were given to him by Ram Singh which were given by him under the instructions of Ram Singh, to one Nawal for which Rs. 2500/- were paid to him as commission. As per statement of the detenue, the said recovered gold was delivered to him by Ram Singh who directed him to reach near Jages har Mandir, Bra hampuri with the aforesaid gold-biscuits on July 17, 1991 at 7.45 a.m. but he reached there at 8.00 a.m. and by that time Ram Singh had gone away. After waiting for him he was returning and then he was apprehended by the customs authorities. The following dates are relevant in as far as the present case is concerned: JUDGEMENT_67_LAWS(RAJ)4_19921.html Facts In Respect Of D.B. Habeas Corpus Petition No. 1472/1992 Dwarka Prasad Soni V.State of Rajasthan and others.
(3.) This case relates to the detention of one Shri Ghanshyam Soni, brother of petitioner Dwaka Prasad Soni. On some information Hari Narain alias Hari son of Shri Phool Chand Agrawal who was going on Vespa Scooter No. RJ-14-M /4848 was stopped and from his possession 10 gold pieces, each weighing 116.850 grams, in all 1166.500 grams worth Rs.4,32,500/- of foreign mark were recovered. As a follow-up action, search of various business as well as residential premises was taken by the customs authorities. Search of M/s Ram Narain Shri Ram Soni was also conducted by the customs officers in the presence of the independent witnesses and at that time Ghanshyam Soni was also present. During the course of search, the custom authorities recovered one gold biscuit of foreign mark and Indian currency of Rs.1,45,700/-. As per the grounds of detention when the customs officers reached the aforesaid firm the detenue Chan Shyam Soni was trying to remove the foreign mark through roller machine. On a reasonable belief that the aforesaid Indian currency and the gold were smuggled articles and were liable to be confiscated, they were seized under Section 110 of the Customs Act. Thereafter, search of M/s Jamna Lal Laskhari was also conducted and the customs authorities recovered Rs.81,180 /- Indian currency and seized the same believing that it is an income from the sale of smuggled gold. Thereafter, the search of the residential premises of Shri Kishore and Shri Devki Nandan was also conducted on July 2, 1991 but nothing incriminating was recovered. Statement under Section 108 of the Customs Act was recorded and the detenue stated that the gold biscuits were given to him by Kishore on July 2, 1991 and under his directions he was removing the foreign marks from the biscuits. He also made other statement as to how he come to be possessed the gold biscuits and Indian currency said to have been recovered from him. The following dates are relevant so far as the present case is concerned : JUDGEMENT_67_LAWS(RAJ)4_19922.html;