RANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order, I propose to dispose of Cr. Writ No. 66/87 - Shri Ranjit Singh v. Union of India and others add Cr. Writ No. 83/87 - Shri Ganga Ram Kapoor v. Union of India and others, as both arise out of and relate to the same incident. The order of detention dated 18-11-1985 concerns both the petitioners. The detenus have filed the petitions for issuance of a writ of habeas corpus praying for quashing of the order of their detention dt. 18-11-1985, passed. by respondent No. 2 Shri K.K. Tiwari, Joint Secretary to the Government of India u/s. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act). The grounds of challenge in both the petitions are the same though there is a slight change in the date of their respective detention and the service of grounds of detention.

(2.) The material facts relevant for the disposal of the writ petitions in brief are that at about 0215 hrs. on 8th Nov., 1985, the officers of the B.S.F. noticed three miscreants coming towards India from the direction of Pakistan. On challenging the miscreants, one of them, namely, Jarnail Singh fired on the officer's of the B.S.F. who retaliated in self-defence. On search of the area, two persons, namely, S/Shri Shavinder Singh and Pargat Singh were apprehended. Shri Jarnail Singh, however, managed to escape taking advantage of the crops and darkness. During the search of Shri Shavinder Singh, 70 gold biscuits with foreign markings and Rs. 10/- Indian currency with two letters written in Urdu were recovered. Search of Shri Pargat Singh resulted in the recovery of 60 gold biscuits with foreign markings and Rs. 20/- in Indian currency. A chit bearing the name "Khanna to John" was amongst the documents recovered. On follow-up one Ganga Ram Kapoor alias John who was to receive the smuggled gold was apprehended at Delhi on the same day. His residential premises at E-325, Greater Kailash-II New Delhi were searched by the officers of the D.R.I. but no contraband or incriminating document was recovered therefrom. During interrogation, Ganga Ram Kapoor disclosed that he was expecting a phone call from the Hunnar Jang of Dubai disclosing the names of the persons likely to take delivery of the gold biscuits. The D.R.I. Officers then learnt that, Shri Kapoor was required to deliver the gold biscuits to a person using the code name 'Mehta' at Subzi Mandi Market in Kailash Colony. Shri Kapoor was brought to the appointed place where a hefty person in Pathani suit came on foot and met Shri Kapoor. Shortly afterwards, a Sikh gentleman appeared on a two-wheeler scooter and talked to them for a minute. That Sikh gentleman again came on the same scooter and took Shri G.R. Kapoor away. In spite of vigorous pursuit, both of them could not be traced.

(3.) After scanning the area for sometime, the D.R.I. people succeeded in picking up the man in pathani suit from near the market. The said gentleman disclosed his name as Mohd. Akram, a Pakistani national. During sustained interrogation, Mohd Akram revealed that the person who had vanished with G.R. Kapoor on the scooter was Paramjit Singh, resident of K-3, Kailash Colony, New Delhi. On the basis of the disclosures made by Shri Akram, the residential premises of Paramjit Singh were searched but nothing incriminating was found therefrom.