TaxTMI 
TaxTMI 
1998 (9) TMI 571
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....zones. It is also stated that an aircraft crew needs only to make a written declaration about any dutiable or prohibited goods that they may carry and that there is no security check for person for luggage. It is stated in the affidavit that on 1-10-1996, the Petitioner's son was served with an order of the suspension with immediate effect by the managements of Indian Airlines and ultimately terminated from service with effect from 3-10-1996 after settling the dues, as per Rules. 2. It is stated that the impugned order of detention was passed on the ground that the detenu, while functioning as Flight Purser of Indian Airlines, was found having foreign currencies concealed, despite his declaration that he was wearing one gold ring of 4 gms.....
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....rking in the Airlines, that the suspension order of the detenu has nothing to do with the passing of the detention order, and that there were sufficient materials to come to the subjective conclusion. It is further stated that he may not be crew member but he can indulge in such activities. The learned Additional Public Prosecutor relies on the decision in Kusum Chandelkant v. L. 1993 Crl. LJ 185 in support of this contention. 5. Regarding the contention that there is delay in disposing of the representation, it is stated that the petitioner sent a representation dated 4-11-1996, that it was received by the Government on 13-11-1996 and ultimately come to be rejected on 16-12-1996 and excluding the intervening holidays of 34 days, the same ....
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....eign currencies on earlier three occasions for considerations of Rs. 10,000 each time and his wife is working as Air Hostess in Airlines. The learned Additional Public Prosecutor submits that the question of consideration of not placing the alleged vital material before the detaining authority is not necessary and argued that since the detenu was a freelancer, under the circumstances mentioned above, he could have used his links and, therefore, the impugned order of detention cannot be said to be bad and interferred with. 8. We have heard the learned counsel on either side and perused the records. In Kusum Chandelkant's case (supra) (mentioned above) the detenu was working as Storekeeper, that he Knew one Vinod Michael, who used to telepho....
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....red in this Petition and it is only to be seen whether the impugned order had been passed on vague grounds and whether there was any delay in disposing of the representation. 11. In the instant case, the detenu has made a false declaration and foreign currencies were found concealing in his person, the wife of the detenu is working as Air Hostess in the Airlines, the detenu had smuggled the foreign currencies on earlier occasions for consideration and he is freelancer, wherein the case cited by the learned counsel for the petitioner, the detenu therein abetted the smuggling of contraband goods and the order of suspension was passed by the same officer of that department. Under these circumstances, it could be inferred that there is a possi....