BALBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) -Order of detention was passed on 6th September, 1985 by the Central Government in regard to the petitioner Balbir Singh son of Late Shri Mehar Singh resident of 31/6 Old Rajinder Nagar, New Delhi, winder Section 3(1) of the Coniervation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974 (as amended) inasmuch as the Central Government was satisfied with respect to the petitioner that the passing of this detention order was necessary with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

(2.) According to the grounds of detention information was received by the Headquarters Office of the Enforcement Directorate that one Niranjan Singh who has a house at 31/6, Pusa Road, New Delhi and having telephone No. 586734 was indulging in smuggling of currency. Thil information was forwarded to the Delhi Zonal Office of the Enforcement Directoiate on 14th December, 1983 on the basis of which the aforesaid premises of Niranjan Singh situated at 31/6 Old Rajinder Nagar. New Delhi, was searched by the officers of Delhi Zonal Office of Enforcement Department on 10th January, 1984 which resulted in the seizure of Foreign Exchange viz. U.S. Dollars 84, Singapore Dollars 729, Hong Kong Dollars 110 and Indian Currency of Rs. 54,000.00 and some documents. During the course of the aforesaid search the petitioner Balbir Singh entered the said premises and his personal search together with the search of his scooter No. DHQ 6553 (two wheeler) was also conducted by the said officers of the Directoiate of Enforcement. As a result of the personal search of Balbir Singh petitioner it transpired that his baggage was also lying in the said premises and the same was also subjected to search. As a result of those searches Indian Currency of Rs. 2.300.00 as also certain incriminating documents were recovered and were seized under a Panchnama dated 10th January. 1984.

(3.) The statement of the petitioner was recorded by the Officers of the Enforcement Directorate, Delhi Zonal Office, under Section 40 of Foreign Exchange Regulation Act, 1973 on that very day i e. 10th January, 1984 wherein the petitioner disclosed that he along with one Gyassuddin was working as paid employees of Nranja Singh who was having a. cloth shop in Singapore by the name of Jessal Bros. and that both oft them were receiving a salary of Rs. l,000.00 per month from Niranjan Singh and that their job was to purchase foreign goods which ware being brought in by incoming passengera and to make them paymente at the rate Rs.. 9.00 to Rs 9..25 per Singapore Dollar under the instructions from Niranjan Singh of Singapore. The petitioner further admitted before those officers that he had earned a sum ofRs.l,50,000.00 by way of profits on such purchases and subsequent sales of those goods during the period from June 1983 to October, November 1983- .and that the,. profit so earned was further invested in this business.