SUKHDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, Sukhdev Singh is seeking issuance of a writ of Habeas Corpus. The detenu is challenging the detention order passed on 12th January, 1988 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA Act). The impugned order was passed by Shri K.L. Verma, Joint Secretary to the Government of India, specially empowered under the Act. with a view to preventing the detenu from abetting the smuggling of goods. The grounds of detention which also bear the date 12th January, 1988, were served on the petitioner/detenu while he was lodged in Central Jail, Tihar, New Delhi.

(2.) To appreciate the contentions which have been raised before us, the facts of the case so far as they are relevant to the arguments may be noticed. These facts are disclosed in the grounds of detention.

(3.) One Jasbir Singh Sandhu had established a world-wide network through his close associates for smuggling narcotic drugs. One of these associates was stated to be the petitioner herein. On receipt of intelligence reports about this network, officers of the Narcotics Control Bureau kept the conspirators under continuous surveillance. The reports were to the effect that Jasbir Singh, who was constantly in touch with the petitioner herein, had arranged couriers for smuggling out a large quantity of Heroin to the United States of America and other foreign countries.