GURSHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal writ of the petitioner Gursharan Singh son of late Jagat Singh resident of 2/32 A, Punjabi Bagh, New Delhi, at present lodged in Central Jail, Tihar, New Delhi, is directed against the order of detention dated 19th March, 1986 passed by respondent No. 2 Shri M. L. Wadhawan, Additional Secretary to the Government of India, in legard to the petitioner under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974 (as amended upto date) with a view to preventing him from abetting the smuggling of goods, engaging in transporting, concealing and keeping and dealing in smuggled goods) and the petitioner was ordered to be detained and kept in custody in the Central Jail, Tihar, New Delhi.

(2.) The grounds of detention against the petitioner allege that there was an information that a notorious smuggler Rajpal @ Brbu resident of 36,Shastri Park, Chander Nagar,' Delhi, was a prominent member of an international syndicate of smugglers and was receiving gold biscuits fiom one Zahid of Dubai via Pakistan and was disposing of the same in the major cities of India. Further information was gathered by the officers of the Directorate of Revenue Intelligence, New Delhi, on 10th March, 1986 to the effect that Rajpal @ Babu had received smuggled gold biscuits from Indo-Pakistan Border with the assistance of his elder brother Satpal and that the same had been kept at promises BJ-98,Shalimar Bagh, New Delhi, and that those premises were under the control of the petitioner Gursharan Singh., a close associate of Rajpal. These premises were searched inpursuance of the said infurmation on 10th March, 1986 and as a result thereof 100 gold biscuits of 10 tolas each with foreign markings, valued at Rs. 25 lakhs and Indian Currency amounting to Rs. 5,11,500 besides highly incriminating documents under the Customs Act, 1962 were recovered.

(3.) Thereafter, the residential as well as business premises of the petitioner located at 2/32A, Punjabi Bagh, New Delhi, and M/s. G. S. Motor, Shop No. 8, 18.3 Western Extension Area, Karol Bagh. New Delhi, respectively were also subjected to search by the officers of the Directorate of Revenue Intelligence, New Delhi, on the same day i.e. 10th March, 1986 and the search of his residential premises resulted in the recovery of Rs. 40,000 Indian Currency along with documents, whereas the search of his business premises resulted in the recovery of Indian Currency amounting to Rs. 1,70,000. The aforesaid recovered currency was seized under the Customs Act, 1962.