VISHWANATH ALIAS PAPPU Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these writ petitions the common ground urged for assailing the order of detention is non-application of mind by the detaining authority. Therefore, these writ petitions were heard together and disposed of by one common order. Detention order was passed against the petitioner on 29th January, 1992 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as the "COFEPOSA Act"). The impugned order was passed with a view to preventing him from engaging and keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing goods in future. Along with the detention order the grounds of detention were also supplied to the petitioner.

(2.) The facts germane to the present petition are that on the intervening night of 5th/6th January, 1992, the Directorate of Revenue Intelligence searched the godown of the petitioner situated at Rewari Road, Village Surana, Namaul, District Mahindergarh (Haryana). This was supposed to be in occupation of the petitioner and his father. The search was conducted in the presence of the petitioner and was witnessed by Shri Bishan Dayal. The search resulted in recovery of 158 silver ingots/ slabs of foreign origin, collectively weighing 5301.384 kgs. valued at Rs.4,18,80,933/ Besides this Indian currency being the sale proceeds of the smuggled silver amounting to Rs. 2,25,000.00 and three moulds and some incriminating documents were also recovered. Out of 158 silver slabs, 155 silver ingots were bearing marking indicating their foreign origin and purity of 999 was indicated on it. It is further the case of the prosecution that the seized silver belonged to Prakash Chand-Lunia (co-accused) of the petitioner. The petitioner along with his father used to get commission for disposing of the same on the instructions of Shri Prakash Chand Lunia. The petitioner made a voluntary statement on 6th January, 1992 under Section 108 of the Customs Act. In the voluntary statement, the petitioner admitted the recovery of seizure of 158 silver slabs of foreing making, three moulds and some incriminating documents and Indian currency from his rented plot situated at Rewari Road, Near Surana Village, Narnaul. On 7th January, 1992, the. petitioner was produced before the Chief Metropolitan Magistrate, Narnaul, who remanded him to judicial custody.

(3.) That while the petitioner was still in judicial custody, the impugned detention order was passed under saction 3(1) of the COFEPOSA Act and was served on him. In the grounds of detention, the petitioner was also made aware that if he so wishes he could make representation against his detention to the Chairman, Central Advisory Board (COFEPOSA). High Court, Sher Shah Road, New Delhi through the Supdt. District Jail, Mahindergrah, Haryana. He was also made aware that he could be heard by the Advisory Board in due course if the Board considers it essential to do so. The relied upon documents were supplied to the petitioner.