KULDIP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 14th October. 1986 the officers of the Customs, attached to the Preventive Unit, Mangalore intercepted and detained a lorry bearing Registration No. USW 7438. near Katpadi Petrol Pump. At that time, the lorry was being driven by the petitioner, Kuldip Singh while two other persons Bhupender Singh and Arak Bahadur were sitting in the cabin. On examination of the lorry the Officer observed that the cargo loading portion of the lorry had a false bottom covered with wooden planks of about one inch thickness. On removal of one of the planks they found brick shaped heavy substance scatly packed in gunny bags. On removal of one of the gunny wrapped packages the officers observed that it contained silver ineots. For detailed examination lorry was brought to the old Custom House, Bunder, Mangalore. All the planks were got removed and 120 silver ingots weighing 3818.273 kgs. valued at Rs. 1,64,18,573 neatly packed in gunny wrapper were removed. In the presence of the Punch witnesses the Superintendent seized the lorry as well as the contraband smuggled silver ingots after the petitioner failed to produce any document for its lawful possession.

(2.) During the course of interrogation of the petitioner and his colleagues, it transpired that Kuldeep Singh, who is a resident of New Delhi, had studied upto 8th standard and could read, write and speak Punjabi and Hindi. He purchased the present lorry with a loan assistance from Union Bank of India, Saharan-pur Branch about a month back. He came across a person by the name of Mohammed of Mainalore and during the discussion Shri Mohammed offered to engage the petitioner for transporting foreign origin goods from Mangalore to Delhi on good premium freight. The petitioner accepted she proposal. Shri Mohammed then desired that the petitioner should reach Mangalore with the lorry on 13th October. 1986. In com-pliance with this direction the petitioner reached and contacted Shri Mohammed, at a fixed place at Mangalore. The petitioner and. Shri Mohammed took the lorry to a shore point 15-20 kms. away, for the loading of silver ingots. The loading of 120 silver ingots were completed during the night. The peti-tioner along with his companions left the shore at about 3.00 A.M. Shri Mohammed got down from the lorry when it reached the highway crossing, and instructed the petitioner to take the consignment to Delhi. The petitioner had hardly gone about 30-35 kms. on the National Highway when the Officers of the Preventive Department sitting in a jeep gave a signal for stopping of the truck. The petitioner, however, ignored the signal and continued the running of the vehicle. The officers chased the lorry and were able to stop it at some place? distance. It was then that the silver ingots were discovered and taken into possession.

(3.) The statement of Bhupiader Singh, cousin brother of the petitioner and Arak Bahadur, cleaner of the truck corraborated the yersion of Kuldip Singh. On the basis of this material the detaining authority came to the conclusion that notwithstanding the action that may be initiated against the petitioner under the Customs Act. 1962, the detention of the petitioner is 1923 necessary under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (heremafter referred to as 'COFEPOSA') with a view to preventing him from engaging, concealing and transporting the smuggled goods. The detention order is dated 9th December, 1986. The grounds of detention along with copies of the documents relied upon by the detaining authority were duly served upon the petitioner. On that very material a declaration under Section 9(1) of the COFEPOSA was issued on 12th January, 1987 by Shri M. L. Wadhwan, Additional Secretary to the Government of India :