ANIL KUMAR BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The circumstances under which the present petitioner was arrested and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act), in brief, are that on 2-1-1986, while the Enforcement Officers were carrying out searches of the premises of M/s. Fair Deal Impex International, M/s. Narang Enterprises, Narang Sons and M/s. Fair Deal Impex (India) at L-4, Connaught Place, New Delhi, when one person who gave his name as Narinderjeet Singh entered the premises. His personal search resulted in the recovery of two loose sheets. His statement under S. 40, Foreign Exchange Regulation Act (FERA) was recorded wherein he, inter alia, stated that the he needed money for the purchase of textiles in Hongkong. He requested his friends to arrange for money in Hongkong. Mr. Gurpal Singh (Surinderpal Singh) of Ambala offered to arrange money for him in Hongkong. Narinderjit Singh gave an advance of Rs. 64,583/- to Surinderpal Singh and requested him to arrange for the supply of dollars in Hongkong. On the basis of his depositions the residential premises of Surinderpal Singh were searched which resulted in seizure of certain incriminating documents.

(2.) Statement of Surinderpal Singh was also recorded wherein he admitted that previously, he was working as a carrier for one Manmohan Singh of Ashok Vihar, New Delhi for bringing foreign goods from abroad. Later on, his relations with Manmohan Singh got strained and he started his own trips to Dubai and Hongkong as he had no difficulty for money because his father Mangal Singh was working in Dubai. He also deposed that he had made arrangements for payment of money abroad to Anil Kumar Bhasin, the present petitioner, the details of which find mention in the grounds of detention. In this way, Shri Anil Kumar made payments to the tune of Rs. 2,62,500/- to Surinderpal Singh.

(3.) On the basis of the depositions made by Surinderpal Singh, the residential premises at F-65, West Patel Nagar, New Delhi were searched on 4-1-1986 when certain documents were seized. On the basis of those documents, the statement of the present petitioner was recorded wherein he admitted that he had developed acquaintance with Surinderpal Singh as both of them were working for Manmohan Singh. Thereafter, he of his own started business of bringing goods from abroad. The petitioner also explained in detail certain documents recovered from his place.