VARINDER SINGH BATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has challenged the detention order passed on 4.12.92 under Section 3[l] of the COEPOSA (as amended) with a view to preventing him from smuggling goods in future by filing this writ petition.

(2.) The facts of the case in brief are that on 16.10.92 this petitioner was arrested from the aircraft and a search of his hand baggage resulted in the recovery of foreign exchange in the form of travellers' cheques and currency notes equivalent to Indian Rs. 18,01,236.35. On the same day he allegedly made a statement undersection 108 of the Customs Act, which he allegedly retracted on 18.10.92. On his request he was medically examined by the Medical Officer, Central Jail, Tihar, New Delhi and as per the medical report dated 13.1 1.92 the following injuries were found on him:-

(3.) In the grounds taken by the petitioner in this writ petition one of the grounds is that the petitioner was coerced and beaten to make an involuntary statement by the Customs officials on 16.10.92, which he retracted at the earliest. The petitioner was medically examined by the Doctor injail on 18.10.92 which showed several injuries and swelling on various parts of the body of the petitioner, but this material document i.e. the medical report was not placed before the detaining authority while passing the detention order. In ground (C) it has been specifically mentioned that this is a suppression of relevant material from the detaining authority. As the relevant material has been suppressed, and not considered by the detaining authority at the time of passing of the detention order, this is a material suppression of the facts, which has vitiated the detention order. Besides this ground, several other points have also been taken challenging the detention order, which have not been pressed before me at the time of arguments.