DILBAGH SINGH ALIAS BILLA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this judgement I would dispose of these two criminal writ petitions brought by the co-detenus.

(2.) An order of detention dated March 27, 1989, has been passed by a Joint Secretary to 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') detaming Dilbagh Singh with a view to preventing him from engaging in transporting and concealing smuggled goods. A declaration dated April 10, 1989, under Section 9(1) of the COFEPOSA Act has been also issued against him. Similar detention, order dated March 27, 1989, has been passed against Sukhwinder Singh under the same provision and for the same object and declaratior dated April 10, 1989, also has been issued against him under Section 9(1) of the COFEPOSA Act.

(3.) The facts as evident from the grounds of detention served on the two detenus, in brief, are that on the basis of some prior secret information the officers of Directorate of Revenue Intelligence, New Delhi, intercepted a truck No. PAT-410 on March 5, 1989, at Kundli which is on Delhi-Haryana Border and these two co-detenus and another co-detenu Satnam Singh (whose criminal writ petition is being decided separately) were found present in the said truck and were apprehended. The search of the truck made in presence of the said detenus and independent witnesses resulted in recovery of 199 foreign marked gold biscuits of 10 tolas each from a cavity in tile right-hand side door of the cabin of the said truck. On the basis of the statement of Satnam Singh, his residential premises were searched on March 6, 1989, which resulted in recovery of 100 foreign marked gold biscuits. Sukhwinder Singh was engaged as a Cleaner in the beginning of year 1987 and by the end of 1989 he became driver of the aforesaid truck and he. was stated to have been engaged by one Jatinder Singh in whose name the truck stood registered although the truck was jointly owned by Jatinder Singh and Satnam Singh and he was being paid Rs. 500 per month as salary.