ABHAY TULI Vs. LT GOVERNER

JUDGEMENT

(1.) These are six writ petitions bearing Crl.W.Nos. 458/97, (Abhay Tuli v. Lt. Governor & Ors.), Crl.W. 453/97 (Deepak Kaushal v. Lt.Governor & Ors.), Crl.W. 455/97 (Parvesh Kumar Gujral v. Lt.Governor, & Ors.), Crl.W.457/97 (Subhash Chand Wadhwa v. Lt.Governor, & Ors.), Crl.W.647/97 (Harmohinder Singh v.Union of India & Ors), Crl.W. 648/97 (Bhagwant Singh v. Union of India & Ors), whereby the petitioners have sought quashment of the detention orders dated May 26, 1997 (Annexure A) passed against them under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act in order to facilitate the reference). Two of the petitioners also namely, Abhay Tuli and Bhagwant Singh also want quashment of the declarations made against them on June 24, 1997. It is proposed to dispose of all the six writ petitions by a common judgment and order as the common questions of law and fact are likely to arise while disposing them of.

(2.) Relevant and material facts which are necessary for the disposal of the abovesaid writ petitions are being reproduced below as gathered from the main petition i.e. Crl.W. No. 458/97 (Abhay Tuli v. Lt.Governor & Ors). The detenu while in judicial custody was served with a detention order dated May 26, 1997 (Annexure A) on May 27, 1997. He was served with the grounds of detention on June 1, 1997 along with the copies of the list of documents relied upon (Annexures B & B1 respectively). The detenu later on was also served with a declaration order dated June 24, 1997 on June 28, 1997 made under Section 9(1) of the Act.

(3.) The facts leading to the passing of the said detention order are enumerated below in order to facilitate the disposal of the above writ petitions. It is alleged that during the intervening night of 1st/2nd November, 1996 Customs Officers intercepted the petitioner Bhagwant Singh at I.G.I. Airport while he was intending to leave for New York. His person was searched which resulted in the recovery of foreign currency valued at Rs.2.71 crores from his suit case which contained readymade garments. On interrogation the petitioner revealed that the aforesaid suit case was delivered to him by one Bhagwant singh, petitioner in Crl.Writ Petition No. 648/97, for taking it away to Bangkok. Bhagwant Singh had come to the airport along with his father Harmohinder Singh, petitioner in Crl.Writ Petition No.647/97, to see him off. Harmohinder Singh on enquiry disclosed that the suit case referred to above was delivered to them (Harmohinder Singh and Bhagwant Singh) by one Suresh, a representative of one Mrs.Jha of Bangkok, to be transmitted to her, and his son i.e. the petitioner Bhagwant Singh had made arrangement for transmission of the same through the present petitioner i.e. Abhay Tuli. No statement of Bhagwant Singh could be recorded as he was not available for the purpose of interrogation.