SURINDER PAL GROVER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through the present writ petition wants to challenge the detention order bearing No. F.5/1 08/90-Home (PIT) dated June 4, 1991 issued under Section 3(1) read with section 2(t) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein after referred to as the COFEPOSA) by the Deputy Secretary (Home), Delhi Administration, Delhi, with a view to preventing the petitioner from abetting the smuggling of goods and also precluding him from engaging in transporting, concealing and keeping smuggled goods.

(2.) It would be just and proper to state in brief the facts which led to the present petition in order to fully and properly appreciate the points involved herein. Surinder Pal Grower (hereinafter referred to as the petitioner for the sake of brevity) is a resident of B-4, D.D.A. Flats, Munirka, New Delhi. He arrived at Domestic Hall of Indira Gandhi International Airport from Bombay by Flight No. IC- 181 on October 12, 1990. To his dismay and horror he was arrested illegally and wrongfully on the aforesaid date on the allegations that on the search of his baggage by the officers of the Customs Department he was found in possession of gold in the form of wires to the tune of 2404 gms. and foreign goods worth Rs. 18,570/-. The said gold was illegally seized by the officers of the Customs Department. The petitioner was compelled to make a statement under Section 108 of the Customs Act under duress and by the use of third degree method. Subsequently he retracted the said statement at the earliest possible opportunity. The petitioner was taken into custody on the aforesaid date. He was produced before a Duty Magistrate who remanded him to judicial custody. The petitioner was ordered to be released on bail by the learned Additional Sessions Judge vide his order dated November 10, 1990. A complaint for the offences punishable under Sections 132 and 135(1)(a) of the Customs Act, 1962 was filed on November 5, 1990. A show cause notice was also issued to the petitioner on January 11, 1991 and the same was duly replied to vide his reply on February 8, 1991. Adjudication proceedings are pending and in progress before the Additional Collector of Customs.

(3.) The petitioner was served with the detention order on June 13, 1991. Pursuant to the said detention order he was also served with the grounds of detention. The petitioner made a representation to the detaining authority against the said detention order on July 1, 1991. The petitioner in his representation requested the detaining authority to supply him with the Hindi translation of the documents (pages No.1 to 3) and also a typed copy of the Hindi version and legible copies of documents No. 10, 12, 50 to 53 and 59 of the English set and documents No. 41 to 44 of the Hindi set in order to enable him to make an effective and purposeful representation. The petitioner further requested for supply of a copy of search authorisation and report thereon with regard to the search of the residential premises so that he could make an effective and purposeful representation before the detaining authority as well as the Central Government.