VINOD LACHWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Articles 226 and 227of the Constitution of India read with Section 482 Criminal Procedure Code for the issuance ofa writ of Habeas Corpus or any other appropriate writ, order or directionfor immediate release of the petitioner from illegal and wrongful detentionmade under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'theCOFEPOSA').

(2.) The brief facts which gave rise to the present petition are as under.that the officers of Customs Department, Calcutta intercepted Royal BhutanBus No. BWH 533 3/12/1991 while the said bus was comingfrom Phuntshilling. The petitioner was found sitting in the said busalongwith Murli Chainani alias Murli Lachwani. The petitioner wasapprehended on the pointing out of Murii Chainani. On the search of thebus five packages were alleged to have been recovered from the said busbelonging to the petitioner. On search of the said packages it was allegedto have resulted in the recovery of halogen bulbs, fax machines, ladies'woolen pullover, zipper bags and 24 foreign coins. All the above items valued at Rs. 11,51,600.00. The petitioner could not produce any valid document in support of the legal acquisition of the said goods. The petitionerwas arrested and produced before the Magistrate on 2/12/1991. Onthe said date he is alleged to have made a confessional statement underSection 108 of the .Customs Act. However, the same was retracted subsequently on the said date. Co-accused Murii Chainani was also arrestedand produced before the Court on 3/12/1991. He also retracted bisstatement alleged to have been made by him under Section 108 of theCustoms Act. The petitioner was subsequently released on bail on 9/12/1991. A detention order bearing No. 673/26/92-Cus-VIIIdated 21/01/1992 was passed under Section 3(1) of the COFEPOSAagainst the petitioner by Shri Mahendra Prashad, Joint Secretary, Government of India, for the detention of the petitioner whereunder the petitionerwas ordered to be detained with a view to preventing him from smugglinggoods in future. The said detention order was served on the petitioner on 19/02/1992. The petitioner made representation against the saiddetention order on 4/03/1992. The above detention order was confirmed by Government of India vide Notification No. 673/26/92-Cus. VIIIdated 5/06/1992 and the petitioner was ordered to be detained for aperiod of one year from the date of detention.

(3.) The said detention order is absolutely illegal and invalid and isthus liable to be set aside. The petitioner thus through the present writpetition challenges the legality and the validity of the said order ofdetention.