SANJEEV KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure challenges the validity of the order of detention dated 26.6.90 in respect of the petitioner passed by Sh. Mahendra Prasad, Joint Secretary to the Govt. of India under Section 3(1) of the COFEPOSA.

(2.) One Meharban Singh was apprehended on 21.3.90 in front of his residence 13/1-A, Moti Nagar, New Delhi by the officers of the Directorate of Revenue Intelligence. On search 118 gold biscuits were recovered from him. The petitioner had gone to meet him. Both of them were taken to the office of the DRI and their statements were recorded under Section 108 of the Customs Act. Later on, the statements were retracted, allegedly being recorded under torture, duress and mal-treatment. Despite his prosecution under the Customs Act the impugned order of detention was also passed against the petitioner.

(3.) Although the detention order has been challenged on a number of grounds, this petition can be disposed of on a single ground, which is contained in Clause XXV at page 31 of the writ petition. It says, "that the detaining authority in the grounds of detention has stated that even though the detenu was in custody and prosecution proceedings being initiated and adjudication proceedings are likely to be initiated against him, and keeping in view his past antecedent history, and possibility of his being enlarged on bail cannot be ruled out. This satisfaction of the detaining authority it vague and imprecise and has deprived the petitioner of his right of making an effective representation."