JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the detention order dated 5th of March 1988 passed in respect of his brother Shri Joginder Singh under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) by Shri K. L. Verma, Joint Secretary to the Government of India. The detention order has been passed with a view to preventing the detenu from acting in any manner prejudicial to the augmentation of foreign exchange. Pursuant to this detention order the detenu was actually listen into custody on 6th of April 1988.

(2.) The order of detention was passed following an incident dated 23rd of January 1988 when the detenu along with one Manjit Kumar was travelling from Ludhiana to Jalandhar in a taxi which was intercepted by the police en route near Phagwara and on search US $ 10,000 and Rs. 10,110 Indian currency were recovered from the detenu while the search of his corupanion Manjit Kumar resulted in the recovery of US $ 7075 and Canadian $ 1020. The matter was thereafter handed over to the Enforcement Directorate who on investigation came to the conclusion that the detenu was dealing in purchase and sale of foreign currency in violation of the law of land.

(3.) The challenge to the detention order has been thrown on a number of grounds but I need not deal with the merits or otherwise of all the grounds as, in my view. Mr. Trilok Kumar during the course of arguments has convinced me that this petition is to be allowed in view of long and unexplained doby in the consideration of his representation.