TRILOCHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two criminal writ petitions bearing No. 247/92 & 256/92 moved by Shri Trilochan Singh and Shri Devender Singh under Articles 226 and 227 of the Constitution of India for issue of a writ of habeas corpus or any other appropriate writ for the immediate release of the petitioners and for setting aside the detention order bearing F.No. 673/83/92-CUS. VIII and F.No. 673/81/92-CUS.VIII, dated March 24, 1992 under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA ) issued by Shri Mahender Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue. The writ petitions are being taken up together as common questions of law and facts are to be gone into while disposing them of. Mohd. Shamim, J. - These are two criminal writ petitions bearing No. 247/92 & 256/92 moved by Shri Trilochan Singh and Shri Devender Singh under Articles 226 and 227 of the Constitution of India for issue of a writ of habeas corpus or any other appropriate writ for the immediate release of the petitioners and for setting aside the detention order bearing F.No. 673/83/92-CUS. VIII and F.No. 673/81/92-CUS.VIII, dated March 24, 1992 under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA ) issued by Shri Mahender Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue. The writ petitions are being taken up together as common questions of law and facts are to be gone into while disposing them of.

(2.) It would be just and proper to examine in brief the facts which led to the presentation of the abovesaid two petitions in order to fully and, properly appreciate the points involved herein. The officers of the Department of Revenue Intelligence on the basis of an intelligence gathered and developed by them on March 1, 1992 intercepted a Gypsy Maruti Car with registration No. DL-3C- A-9591 at Hyderpur Market near Shalimar Bagh, Delhi; with petitioner Devinder Singh and one Ram Gopal therein. Rummaging of, the said vehicle resulted in the-recovery and seizure of 110 foreign marked gold bars of 10 tolas each which weighed 12,830.40 gm. and valued at Rs. 59,66,136/-. On demand neither Shri Devinder Singh nor Shri Ram Gopal could produce any evidence, documentary or otherwise, for the lawful possession of the aforesaid gold. Hence, the same was seized under Section 110 of the Customs Act. As a follow-up action premises bearing No. 175, Raja Garden, New Delhi, belonging to one Gautam Morarji Pandit Pautra, a friend of the petitioner Shri Trilochan Singh, was searched. It led to the recovery of three briefcases, one polythene bag and one raxine bag containing 50 foreign marked gold bars valued at Rs. 27,11,880/and Indian currency amounting to Rs. 12,05,000/ - from the possession of Trilochan Singh petitioner. Maruti Car bearing registration No. DL-2C-7407 parked outside the residence alluded to above which was in possession of the petitioner Trilochan Singh was also searched. It resulted in the recovery of Indian currency amounting to Rs. 24 lacs and foreign currency $ 42,284 and $ 2080.

(3.) Both the petitioners and Shri Ram Gopal made statements on being interrogated under Section 108 of the Customs Act. They were arrested and produced before a Magistrate on the following day. They retracted from their statements as the same according to them, were obtained under duress and after torture and use of third degree methods. They were remanded to judicial custody. While they were in judicial custody the orders of detention were passed on March 24, 1992 by Shri Mahender Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, against the petitioners. The detention order against Shri Trilochan Singh petitioner was passed to prevent him from engaging in keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in transporting of concealing smuggled goods in future. Whereas the order of detention against Shri Devinder Singh petitioner was passed to prevent him from engaging in transporting smuggled goods and dealing in smuggled goods otherwise than by engaging in concealing or keeping smuggled goods in future. The detention orders were served on the petitioners on March 25, 1992. The petitioner Trilochan Singh made a representation against the said detention order on April 10, 1992. However, the same was sent from the jail to the respondent on April 22, 1992. The representation made by Shri Devinder Singh petitioner on April 10, 1992 was sent to the respondent on April 20, 1992 through the Superintendent, Central Jail, Tihar. The representations have neither been considered by the respondent nor were disposed of.