NARENDER KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal questions the correctness of the judgment and order dated 02.05.2008 passed by the High Court of Delhi at New Delhi in Writ Petition (Criminal) No. 509 of 1996.

(2.) In exercise of power under Section 3(2) of the Maintenance of Internal Security Act, 1971 ('MISA' for short), as amended by Section 6(6)(c) of Defence of India Act, 1971 and Section 2(1)(c)(iii) of Internal Security (Amendment) Ordinance, 1974, by order dated 05.11.1974, the Superintendent of Police, Amritsar directed that one Roshan Lal be detained with a view to prevent him from dealing in smuggled goods.

(3.) The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('COFEPOSA for short) came into force on 13.12.1974. Deputy Secretary to the Government of Punjab, Home Department, Chandigarh, passed an order on 19.12.1974 under Section 3 of COFEPOSA detaining said Roshan Lal with a view to prevent him from dealing in smuggled goods. In the grounds of detention in support of the detention order, it was inter alia stated that in the first week of July 1974 one Yusuf, resident of Lahore, Pakistan, a notorious smuggler in gold had contacted Roshan Lal who had agreed to purchase smuggled gold at the rate of Rs. 600/-per tola; that Roshan Lal had purchased 50 smuggled gold biscuits and had paid Rs. 3 lakhs; and that later he had also purchased 25 Gold biscuits of ten tolas each, that were smuggled on 18.08.1974 and paid Rs. 1.5 lakhs.