PRADUMAN KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Praduman Kumar Jain has by way of this writ petition under Article-226 of the Constitution of India read with Section 482 of the Code of Criminal Proceedings prays for his being released forthwith after quashing the order of detention dated 18th April, 1990.

(2.) On 18th December, 1989, Shri Mahinder Prasad, Joint Secretary to the Government of India, a specially empowered officer under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short the Act) passed an order for the detention of Praduman Kumar Jain with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

(3.) The facts leading to the passing of the said order have been that Delhi Zonal office of the Enforcement Directorate had an information that Praduman Kumar Jain a resident of 322 Dariba Kalan, Chandni Chowk, with business premises 142, Katra Mashroo, Dariba Kalan, Chandni Chowk Delhi was indulging in unauthorised purchase and sale of foreign exchange and gold on very large scale. In pursuance of this information residential premises of the petitioner were searched on 20th March 1990 when Indian Currency of Rs. 50.000.00 and some documents were recovered. Business premises of the petitioner were also searched when foreign currency, Indian currency, documents and primary gold weighing 1118.950 gms. were recovered. When the search proceedings were being carried out in the business premises of the petitioner a number of persons came, who were also searched and recoveries effected. Statement under Section 40 of the Foreign Exchange Regulation Act, 1973 of the petitioner was recorded on 29th March 1990 which was concluded only on 21st March 1990. After considering the statement and other documents including the recoveries effected from the petitioner the said order of detention was passed.