KALLU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. D. B. The petitioner Kallu Singh has been detained by an order dated 17-41-85 passed-by Shri K.K. Owiyedi Joint Secretary to Government of India. The detention order is under, section'3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 (for short OOPEPOSA Act). This order has been purportedly passed to prevent him from abetting smuggling goods and engaging in. transporting smuggling goods, dealing in smuggled goods otherwise' than by engaging in concealing and keeping smuggled goods. Along with detention Order grounds of detention of even date were served upon the detenue (petitioner) and he was also informed of his entitlement to make a representation botht of the detaining authority and to the Central Government and also to the Advisory Board. By this petition he has challenged the aforesaid detention order.

(2.) Earlier he was arrested on 7-11-84 and was produced before the Magistrate on' 8-11-84. He was remanded to judicial custody and was released on bail on 22-11-84. On 29-11-84 he filed an application before the Magistrate that his confession was extracted under coereion. The dention order was served upon him on ,28-4-85 through according to him he was taken into custody on 27-4-85 itself.

(3.) The basis for issuing the said detention order is that on 7-11-84 on information that the petitioner has received a good number of cameras and lenses of foreign origin and has concealed the same the officers of the Customs (Preventive Branch) West Bengal raided the temporary stall of ready-made garments on the foot-path near the gate of American Library on S. N. Banerjee Road, Calcutta which w:is in possession and ownership of Mbhd Mostaque Ahmed and his employee Siddique Hussain. The Customs Officials recovered two olive. green coloured canvas hand bags containing cameras and camera and lenses of Japanese origin valued at Rs. 1,36,000.- and also arrested the aforesaid two persons in possession of the stall.