DIWAN SINGH VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged his detention made pursuant to a detention order dated 7th of March 1988 passed by the Government of India under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act).

(2.) This followed an incident dated 28th of February 1988. The allegations on the basis of which the detention was ordered are that one Tariq from Dubai used to send gold to one Mohammed Akram Chaudhary in Pakistan. Mohammed Akram Chaudhary used to hand over this foreign made gold at Amritsar Border to one Sukha Pahalwan and Hardayal alias Dayala. They in their turn used to give it to one Vinod Kumar alias M.P. and Vinod used to carry the gold in truck to Delhi and give it to the detenu Diwan Singh Verma and co-detenu Raghubir Prasad Sharma. "These two in their turn used to dispose of the gold in Agra and Mathura.

(3.) On 28th of February 1988 one Maruti car No. DDQ 6910 was intercepted at Delhi Haryana border at Faridabad. There were four persons Narinder Pal Singh, his wife, co-detenu Raghubir Prasad and a child travelling in that car from which 200 gold biscuits were alleged recovered. Thereafter, 79 more gold biscuits were recovered from a place at Pahar Ganj, allegedly to be in the possession of detenu Diwan Singh. In all, there were six persops involved in the whole incident and all the six persons were examined and their statements recorded on 29th of February 1988.