BISHNU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD . The facts giving rise to this writ petition are that on 19.12.1992 a Maruti Car bearing No DL -5C -2756 in which Sajjan Kumar soni and the present petitioner, Bishnu Kumar were travelling was intercepted by the D.R.I. officials near Shalimar Bagh Main Market. A search of the car resulted in the recovery and seizure of 100 foreign marked gold biscuits. Both Sajjan Kumar Soni and Bishnu Kumar were apprehended on the spot and they were detained along with the gold biscuits. On 20.12.1992 they were produced before the Judicial Magistrate and the statements allegedly made by them under Section 108 of the Customs Act were retracted.

(2.) ON 5.2.1993 a detention order was passed by the Joint Secretary, Ministry of Finance, Department of Revenue under Section 3(1) of COFEPOSA. It is this detention order which has been challenged by filing this writ petition, as the representation made by him dated 4.1.1993 was rejected and that the Advisory Board also confirmed his detention order whereas the detention order in respect of the co -accused, Sajjan Kumar Soni was revoked by the Advisory Board itself.

(3.) IN this petition various grounds have been taken challenging the detention order, but stress has been placed on the ground that there is variance between the Hindi version of the grounds of detention and the order of detention in English. Mr. Herjinder Singh, learned counsel for the petitioner submitted that the detenu was confused and unable to make an effective and purposeful representation, as he was not given the correct translation and version on English as well as in Hindi.