CHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . In this case the 'Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue vide his order dated 12th February, 1992 in exercise of powers conferred by section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (for short called 'COFEPOSA') directed that the petitioner Shri Charan Singh @ Veerji be detained and kept in custody in the Central Jail, New Delhi.

(2.) . Without waiting for the order and grounds of detention being served upon him, the petitioner tiled the present writ petition challanging the order of detention. Alongwith the writ petition, the petitioner has enclosed a copy of the grounds of detention of the same date and a list of relied upon documents in respect of the other co-detenu, namely, Shri Hazari Lal Jain. It has been alleged in the writ petition that the grounds of detention and relied on documents in respect of the petitioner are exactly the same as those of Shri Hazari Lal Jain.

(3.) . Briefly stated the facts of the case are that an information was received in the Zonal Office of the Enforcement Directorate, New Delhi that the petitioner, who is resident of M-241, Greater Kailash, New Delhi, had been regularly purchasing foreign exchange from one Shri Hazari Lal Jain, who was resident of 2258, Gali Anar, Kinari Bazar, Chandni Chowk, Delhi, and the purchased foreign exchange is sent abroad by the petitioner. On the basis of this information the officers of the Enforcement Directorate kept a watch outside the residence of the petitioner and on 22nd November, 1991 when a car bearing No.DHC-8306 arrived and stopped outside the said premises, the occupants of the car were searched under section 35 of the Foreign Exchange Regulation Act, 1973 (for short called 'FERA') and the search of Shri Hazari Lal Jain resulted in the recovery of foreign exchange i.e. US Dollars 41788, UK Pounds 9150, Canadian Dollars 3500, cash US Dollars 2350 and a slip. In his statement dated 22/23.11.1991 recorded under section 40 of FERA the said Shri Hazari Lal Jain, inter alia, stated that the foreign exchange seized was to be sold by him to Shri Charan Singh (a) Veerji, petitioner, resident of M- 241, Greater Kailash, New Delhi, whose telephone number is 6412482 and that earlier also be had sold foreign exchange to said Shri Charan Singh, who was shown to him in their office and he admitted him to be the same Shri Charan Singh referred to in his statement. Thereafter, Sbri Hazari Lal Jain was detained under COFEPOSA vide order dated 12th February, 1992 mentioned herein above. On the basis of the statement made by Shri Hazari Lal Jain the petitioner was arrested under section 35 of FERA on 22/23.11.1991 but he was directed to be released on bail by the learned A.C.M.M. New Delhi on 30th November, 1991.