NARINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Narinder Kumar was detained by an order of the 5th March, 1988 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act) with a view to preventing him from dealing smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods. The impugned order was passed by the Joint Secretary to the Government of India, specially empowered under the Act. The grounds of detention also dated the 5th March, 1988 served on the petitioner while he was in judicial custody in Central Jail, Amritsar show that the detaining authority has relied on the petitioner's statement dated the 4th February, 1988, recorded under Section 108 of the Customs Act, 1962.

(2.) The petitioner alleges that vide letter of the 10th February, 1988 addressed to the Chairman, Customs and Central Excise, Government of India, Ministry of Finance, New Delhi and copies endorsed to the Secretary Ministry of Finance, Government of India, New Delhi and to the Collector of Customs and Central Excise, Chandigarh, he had retracted that statement. This averment is contained in paragraph 6 of the petition. The letter dated the 10th February. 1988 has been annexed with the petition as Annexure P. VII. The plea based on this averment of fact is raised in Ground 'B' of the petition. It reads :

(3.) The respondents have filed the affidavit of Shri K.L. Verma, Joint Secretary, Department of Revenue, Ministry of Finance in opposition. In paragraph 6 of the reply on merits, the avernment that the petitioner did send the letter dated the 10th February, 1988, which according to him was received by the authorities concerned, is not being disputed. What is rebutted is that "the allegations made in the complaint are wrong." In reply to the Ground B it is averred "B. In reply to Ground B, it is submitted that the allegations made in the complaint cum-representation are wrong and is not based on facts."