UNION OF INDIA Vs. ANKIT ASHOK JALAN

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Criminal) No. 7010.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.08.2019 passed by the High Court of Delhi at New Delhi in Writ Petition (Criminal) No. 1840 of 2019, by which the High Court has allowed the said writ petition preferred by the respondent herein and has quashed and set aside the detention orders bearing Nos. PD12001/34/2019 COFEPOSA and PD12001/35/2019COFEPOSA dated 1.7.2019, the Union of India through the Detaining Authority has preferred the present appeal. Feeling aggrieved and dissatisfied with the aforesaid impugned judgment and order passed by the High Court, even the detenu has preferred the special leave petition challenging the aforesaid impugned judgment and order, inasmuch as on grounds 'C', 'D', 'E', 'F' and 'G' raised in the main writ petition before the High Court, having not been decided one way or the other, while allowing the writ petition of the original writ petitioner on the first two grounds, i.e., grounds 'A' & 'B'.

(3.) The facts of the case in nutshell are as follows: That in the light of specific intelligence, the Directorate of Revenue Intelligence, Kolkata Zonal Unit (for short 'DRI') intercepted one Anand on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 Kgs. of gold of foreign origin valued at Rs.2.71 crores approximately. That the said Anand, vide his statements recorded on 09.06.2019 and 10.06.2019 indicated that, he had been engaged by the detenus to receive the 8 bars of smuggled gold from IndoBhutan border at Jaigaon from an unknown person, to be transported and delivered to Kolkata and Delhi. That as per the detenus, they were apprehended by officers of DRI on 10.06.2019 at about 2:00 p.m. at the Food Court of Quest Mall, 33, Syed Amir Ali Avenue, Park Circus, Beck Bagan Row, Kolkata, West Bengal ­ 700017 and taken to the latter's office. That the detenus' selfincriminating confessions were purportedly obtained under Section 108 of the Customs Act, 1962 (hereinafter referred to as the 'Act') and they were formally shown as arrested on 11.06.2019 under the provisions of Section 104 of the Act. That thereafter the detenus were produced before the Court of Judicial Magistrate on 12.06.2019.