KULWANT SINGH SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ of habeas corpus for quashing the order of detention dated 8.3.1988, passed by Shri K.L. Verma, Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA Act), the main grievance of the petitioner is that in the grounds of detention, certain documents have been referred to and relied upon by the detaining authority. Copies of these very documents have not been supplied to him pari pasu the grounds of detention. Even his subsequent specific request for the same has been ignored. This omission has thus deprived him of his right of making the representation against the detention order, as envisaged in Article 21(5) of the Constitution of India, In P. Moida Hazi and another v. Union of India and others, 1985 Crl. L.J. 1430, a Division Bench of this Court considered this aspect and held:

(2.) During the course of interrogation, Kumar Sambhav, inter alia, stated that he was working with M/s Arena Electricals, D-12A, Hauz Khas, New Delhi, since 1986, and has been doing its clearing work. Shri Ashok Gupta is the owner of the said firm who has employed him as its Sales Executive at a salary of Rs.l500.00 per mensem. During the interrogation, it transpired that Ashok Gupta after collecting the goods, used to sell a part of the consignment to the present petitioner againstc ash payments. On 15th February, 1988, the petitioner's residential premises were searched which resulted in the recovery of various imported goods like video-cassettes V. C. Rs. and such like articles. A sum of Rs. 2,50,000.00 in case was also found. All the items, including the cash, was seized. On the next day, the petitioner was arrested under Section 104 of the Customs Act but was granted bail by A.C.M.M. New Delhi on 1st March, 1988.

(3.) With a view to preventing him from engaging in keeping smuggled goods, the impugned order of detention under S.3(l) of the COFEPOSA Act was passed. This order of detention and the grounds of detention were duly served on the petitioner on 9th March, 1988 and 11th March, 1988 rospectively.