DEVENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two criminal writ petitions bearingNo. 247/92 & 256/92 moved by Shri Trilochan Singh and Shri DevenderSingh under Articles 226 ofid 227 of the Constitution of India for issue of awrit of habeas corpus or any other appropriate writ for the immediaterelease 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 March24, 1992 under Section 3(1) of the Conservation of Foreign Exchange &Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'theCOFEPOSA') issued by Sh. Mahender Prasad, Joint Secretary to the Government of India. Ministry of Finance, Department of Revenue. The writpetitions are being taken up together as common questions of law and factsare to be gone into while disposing them of.

(2.) It would be just and proper to examine in brief the facts whichled to the presentation of the abovesaid two petitioner in order to fully andproperly appreciate the points involved herein,

(3.) The officers of the Department of Revenue Intelligence on thebasis of an intelligence gathered and developed by them on 1/03/1992intercepted a Gypsy Maruti Car with registration No. DL-3C-A-9591 atHyderpur Market near Shalimar Bagh, New Delhi, with petitionerDevender Singh and one Ram Gopal therein. Rummaging of the saidvehicle resulted to the recovery and seizure of 110 foreign marked gold barsof 10 tolas each which weighed 12.830.40 gm. and valued at Rs. 59.66,136.00.On demand neither Shri Devender Singh nor Shri Ram Gopal could produceany evidence, documentary or otherwise, for the lawful possession of theaforesaid gold. Hence, the same was seized under Section 110 of the CustomsAct. As a follow-up action premises bearing No. 175. Raja Garden,New Delhi, belonging to one Gautam Morarji Pandit Pautra, a friend of thepetitioner Shri Trilochan Singh, was suarched. It led to the recovery ofthree briefcases, one polythene bag and one raxin bag containing 50 foreignmarked gold bars Rs. 27,11,880.00 and Indian currency amounting toRs. 12,05,000.00 from the possession of Trilochan Singh petitioner. MarutiCar bearing registration No. DL-2C-7407 parked outside the residencealluded to above which was in possession of the petitioner Trilochan Singhwas also searched. It resulted in the recovery of Indian currency amountingto Rs. 24 lacs and foreign currency $ 42,284 and 2080.