GURDEEP SINGH ALIAS SARPANCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The detenu petitioner has challenged order of detention dated 9th of March 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 (as amended). The detention has been ordered with a view to preventing the detenu from abetting the smuggling of goods, engaging in transporting smuggled goods and dealing in the smuggled goods otherwise than by engaging in concealing or keeping smuggled goods.

(2.) . This detention order followed an incident dated 24th of February 1988 when the petitioner-detenu was arrested from premises No. 113, Ek Jot Group Housing Society, Pitampura, New Delhi, along with one Hardayal Singh. The premises allegedly belonged to one 0m Prakash but nothing was recovered therefrom. They were thereafter taken to the D.R.I. office where one Halwinder Singh and Harbans Singh who had been arrested in truck No. HRU 1357 on the same day and from that truck 480 foreign made gold biscuits were recovered This truck had come from Amritsar and was intercepted at Delhi border. On 25th of February 1988 the petitioner's brother Maluk Singh was also summoned from Amritsar and thereafter the statements of all these persons were recorded under section 108 of the Customs Act and the petitioner along with others was produced before the Duty Magistrate on 25th of February 1988. Maluk Singh, brother of the petitioner, was produced before the Additional Chief Metropolitan Magistrate on 26th of February 1988. Mr. Herjinder Singh, learned counsel for the petitioner, states that thereafter on 3rd of March 1988 when the petitioner and Hardayal Singh were produced before the A.C.M.M. New Delhi, they retracted their confessions whereas others also sent their retractions from jail on 3rd of March 1988 of which it seems there is no record.

(3.) . The order of detention was served upon the detenu along with grounds on 9th of March 1988.