JAGIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 3.10.1989, on the basis of prior information, truck No. DIL- 4997 along with its occupant Veer Singh @ Veeru was intercepted by the officers of the Directorate of Revenue Ingelligence at I.B.P. Petrol Pump at Libaspur, New Delhi. The said truck was escorted to the Office of the Directorate of Revenue Intelligence and was rummaged in the presence of two independent witnesses, resulting in the recovery of 200 gold biscuits of 10 tolas each bearing foreign markings from the secret cavity in the back side the driver's cabin of the said truck. The gold as also the truck were seized by the Custom Officer under the provisions of Customs Act (hereinafter referred to as "the Act").

(2.) On 3.10.1989, Veer Singh was examined and his statement under Section 108 of the Act was recorded, in which he had inter-alia staled that he was working as a cleaner of Truck No. DIL 4997 and that Jagir Singh was the driver of the truck and after he worked for a week with him (Jagir Singh), Veer Singh was told by Jagir Singh that he was transporting smuggled gold of one Balwinder Singh from Amritsar to Delhi after concealing the same in the said truck and Veer Singh was told that he would be paid Rs.2000.00 per trip for giving help in the transporting of gold, to which, Veer Singh agreed. It was also stated by him that on 29.9.1989, he and Jagir Singh came to Delhi after loading rice in the truck No. DIL 4997 having 200 gold biscuits in the truck, which was parked in Azad Pur Subzi Mandi and Jagir Singh took out 200 gold buscints and gave the same to some one when Veer Singh continued to sit in the truck. It was further stated by him that on 2.10.1989, he was told by Jagir Singh that they were to go to Delhi and Veer Singh and Jagir Singh went to Ghee Mandi, Amritsar in the truck and waited for Balwinder Singh, who came at about 8.00 p.m. and gave a polythene bag to Jagir Singh, when he gave information to Veer Singh that it contained 200 gold biscuits. It was also stated by him that Veer Singh concealed the bag in the cavity made behind the cabin of the driver in the truck and on reaching at Delhi, truck was parked at Petrol Pump at Libas Pur when Jagir Singh went to Delhi by bus and in the mean time, the truck was taken to the Office of Directorate of Revenue Intelligence by the officers, where, 200 gold biscuits were recovered. It was also stated that efforts to trace him could not succeed and Veer Singh was arrested under Section 104 of the Act and produced before the Metropolitan Magistrate, Delhi on 3.10.1989. All the material was placed before Shri Mahendra Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, who, in exercise of his powers under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as "COFEPOSA") passed an order dated 6.11.1989 that Jagir Singh @ Jagira be detained and be kept in custody in Central Jail Tihar with a view to restraining him from indulging in transporting and concealing smuggled goods.

(3.) Jagir Singh alias Jagira was served with detention order on 29.6.1993 at Central Jail, Tihar when the grounds of detention, along with documents relied upon in support of the detention were also supplied. By way of this writ petition, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order of detention and prayed that the same be quashed and he be released forthwith.