SATNAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Satnam Singh, has been detained by an order dated 5th June, 1991, passed by Shri Mahendra Prasad, Joint Secretary to the Government of Inida. The detention order is under Section 3 Sub-Section (1) of Conservation of foreign Exchange and prevention of Smuggling Activities Act (as amended), 1974 (For short COFEPOSA Act). This order has been passed to with a view to preventing the petitioner Satnam Singh, son of Shri Kishan Singh, from enganging in transporting and keeping smuggled goods and dealing in smuggled goods otherwise than by engaging in concealing smuggled goods. Along with the detention order grounds of detention of even date was served upon the detenu (petitioner). He was also informed of his entitlement to make representation against his detention both to the Central Government as well as to the Advisory Board. By this petition he has challenged the aforesaid detention order.

(2.) Earlier the petitioner was arrested on 17th April, 1990 by the Custom Officers from outside the Indira Gandhi International Airport, New Delhi, alongwith Shahzad Ali, on the allegation that he was engagged in suggling or carrying smuggled goods alongwith Co-accused Shamsuddin Ismail. The gold was concealed in the washing machine and it weighted 4 kg. and 450 gms. A complaint under Sections 135 and 132 of the Customs Act against the petitioner was filed on 26.5.90 on which show cause notice was also issued. Petitioner was produced before the Magistrate. He was remanded to the judicial custody and was released on bail on 29th November, 1990. When he was under arrest his statement was recorded but after being released on bail he extracted the said statement on the ground that the same was obtained under coersion. The detention order dated 5.6.91 was served on the petitioner on 10th July, 1991.

(3.) On 30th July, 1991, petitioner made a representation under Article 22(50) of the Constitution of India asking for documents and legible copies of the documents. On 13.8.91 petitioner send a representation to the Advisory Board. On 16.8.91 he made another representation to the Advisory Board when he was produced. On 4.9.91 his detention was confirmed by the Central Government. The representation which he made on 30th July, 1991 was rejected by the respondent on 30th August. 1991.