JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal writ petition has been brougth under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of detention order dated March 7, 1988, passed by the Joint Secretary to the Government of India, Ministry of Finance. under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act') against Jasbir Singh.

(2.) Facts leading to the passing of the detention order, in brief, are that the Customs Preventive Staff of the Customs Collectorate, Delhi, on September 17, apprehended one Surinder Kumar, who was carrying two boxes, at the exit gate of inward parcel office. New Delhi Railway Station and it was told by Surinder Kumar that he had been handed over railway receipt by his employer Harvinder Singh and he had taken delivery of the said boxes on the basis of the said railway receipt after signing the fictitious name of Rakesh Kumar. The said boxes were opened in the presence of independent witnesses and the boxes were shown to contain 15,000 pieces of electronic digital disco lady watches of foreign origin of the value of Rs. 3,00,000. As no evidence was furnished regarding import of the said foreign origin wrist watches, the same were seized under Section 110 of the Customs Act. As a follow up action, the premises of Harvinder Singh were searched on the same day and more imported wrist watches were recovered from his shop No. 174-A, New Lajpat Rai Market, Delhi. At the time of the said search, one Charanjit Singh, employee of Harvinder Singh, was present. His statement was recorded and he revealed that he has been working with his brother-in-law Gurinder Singh at shop No. 13, New Lajpat Rai Market, Delhi, in the name and style of M/s. Jeet Traders and shop No. 174-A, New Laipat Rai Market, belongs to Harvinder Singh, who is working there in the name and style of M/s. Ashu Traders and Harvinder Singh is the elder brother of Gurinder Singh. He has also stated that Harvinder Singh was dealing in the business of smuggled wrist watches of foreign origin and the petitioner, Ranjan Kumar and Surinder Kumar were his employees. Then, he' furnished the address of those persons. The residential premises No. BH-116, Shalimar Bagh. of Harvinder Singh was searched but nothing was recovered from that house. Another house of Harvinder Singh bearing No. 15-BB. Block LIG. DDA Flats, Shalimar Bach. was searched on September 18, 1987 and in the presence of the present petitioner and another employee of Harvinder Singh, namely, Ranjan Kumar, electronic wrist watches of the value of Rs.65.840- were recovered and no evidence was produced showing their import and thus, they were also seized under Section 110 of the Customs Act!. On Septmeber 18, 1987, on the basis of the disclosure statement of Surinder Kumar, the petitioner was apprehended carrying one box at New Delhi Railway Station. Plat Form No. 6 and that box was found to contain 5,000 pieces of electronic digital disco lady wrist watches of the value of Rs. 1,60,0001- which were also seized under Section 110 of the Custom Act. Surinder Kumar in his statement under Section 108 of the Customs Act deposed that hee was engaged by Harvinder Singh and was given the railway receipt and be knew the contents of the said boxes which were got released from the Railway Station and earlier also he had brought such type of boxes containing the foreign origin wrist watches from New Delhi Railway Station at the instance of Harvinder Singh and those goods used to be brought to a hotel near Novelty Cinema arid he, Ranjan Kumar and Jasbir Singh used to make packets of the said wrist watches for further delivery of the said packets to the customers as directed by Harvinder Singh and it was usually the petitioner who used to visit Bombay for bringing the said foreign origin wrist, watches by booking the same from Bombay and the delivery used to be obtained from the Railway Station by signing fake names and the hotel room used to be booked in the name of Ranjan. Jasbir Singh also allegedly made a statement on September 18, 1987, under Section 108 of the Customs Act admitting all these facts. He also made a statement that earlier Harvinder Singh had a shop at 303, Rajindra Jaina Market, Chandni Chowk, Delhi and the said shop was closed 20-25 days earlier and new business in the name of M/s Ashu Traders was started at shop No. 174-A, New Lajpat Rai Market and they were working there and running the business of sale and purchase of smuggled wrist watches and they used to pack the watches as per requirements of the customers and they used to be delivered to different customers on directions of Harvinder Singh.

(3.) Statement of the petitioner under Section 108 of the Customs Act was also recorded in which all those incriminating facts were admitted by him. His premises at Bombay was also searched but nothing incriminating was found. They were all arrested and produced before the Magistrate on Septembber 19, 1987. Surinder Singh got bail on medical ground and also Jasbir Singh was granted bail on October 8, 1987. Statement of Gurinder Singh was also recorded and so also of Harvinder Singh. Harvinder Singh was arrested on December 9, 1987, but he got the bail on December 17 1987