PRITAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India challenges the detention of the petitioner in pursuance of an order dated 2nd February 1994 No.F.N0.673/l()/94- Cus. VIII, passed by Shri Mahendra Prasad, Joint Secretary to the Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as the COFEPOSA Act).

(2.) The facts leading to the passing of the impugned detention order against the petitioner are : the petitioner was intercepted at the Indira Gandhi International Airport on 12.12.1993 with foreign currency 127500 which was worth Rs.39.33 lacs at the relevant time. The said currency was concealed in a false cavity in the petitioner's brief case. He was asked to open his brief case. He opened it through a digital code number. Only a few personal clothes and magazines were found. But the officers had suspicion and on close scrutiny it was found that the brief case had a cavity from which the foreign currency was ultimately recovered. The petitioner's passport sinewed that he hid made at least six visits to Singapore and Hong Kong in the preceding three years. Statement of the detenu under section 108 Customs Act was recorded. He denied knowledge about concealment of foreign currency in the brief case. Later he retracted the confessional statement.

(3.) The petitioner was produced before the Addl. Chief Metropolitan Magistrate, New Delhi on 13.12.1993 who remanded him to judicial custody. The impugned detention order was passed on 2.2.1994. It was 607 served on the petitioner on 32.1994. The documents relied upon for purposes of passing the detention order were supplied to the petitioner on 8.2.1994. On 15.2.1994 the petitioner was granted bail by the Addl. CMM. since no complaint was filed by the prosecuting agency within the statutory period of 60 days and as per the provisions of section 167(2) Cr.P.C., the petitioner became entitled to bail. The meeting of the Central Advisory Board (COFEPOSA) was convened on 8th April 1994. The detention order was confirmed by the Central Govt. on 29th April 1994.