BHUPINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner,Shri Bhupinder Singh is challenging the order of preventive detention dated 19.7.95 and served on him on 24.7.95. It was passed by the Central Government under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter called COFEPOSA).

(2.) The brief facts as set out in the grounds of detention are as follows:

(3.) In the writ petition, and before us, petitioner has raised various contentions. Firstly, it was contended that the petitioner was released on bail by the Criminal Court because the prosecution was not able to file the challan within the period prescribed by statute and hence the detention was for an extraneous and improper purpose. Secondly, the petitioner was obeying the conditions imposed in the bail order, that petitioner was on bail from 19.6.1995 to 24.7.95 and that during that period, there was no material to say that petitioner indulged in prejudicial activity; that the petitioner's case was mixed up with the case against others and this was bad; that reliance was placed on alleged confession of petitioner dated 18.4.95 but retraction made on his first appearance in Court on 19.4.95 had not been considered; that confession was obtained during period of unlawful custody; petitioner was in fact arrested on 17.4.95 and not on 19.4.95 as alleged by the respondents and was not produced before the Magistrate till 19.4.95 and confessional statement obtained during that period was bad; that no Indian currency was recovered from petitioner from the alleged sale by him of US $ 30,000; that petitioner would not be investing in and dealing in US dollars in more than one million rupees to make a paltry profit of Rs. 20,000; that in the wake of the new liberalisation process; there was no need to detain the petitioner for alleged sale of dollars; that Gurbachan Singh's statement was ignored etc.