RANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Habeas Corpus Petition under Art. 226 of the Constitution of India, Ranjit Singh, petitioner, hereinafter referred to as the 'detenu', has challenged his detention in pursuance of order dated 28-6-1984 passed by the Government of India under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974), hereinafter referred to as the 'COFEPOSA'.

(2.) Annexure-'1' to the writ petition is the grounds on which detention order dated 28-6-1984 was passed. It runs as follows : "On the basis of information, the officers of Customs Preventive Unit Naxalbari along with Police Staff of Khoribari P.S. laid in ambush at vulnerable points on Bengal-Bihar border near Galgalia (which is on the Indo-Nepal border) in the night of 26/27-1-84 to intercept the truck No. UHD/613. At about 02.00 hours on 27-1-84 the said truck was seen coming from Galgalia side and was signalled to stop, but the driver of the truck wilfully ignored the signal and went ahead at high speed. The Customs and Police Officials immediately chased the fleeing truck and when the hot chase and the attempts to make the driver stop the truck failed, they fired at the vehicle. This damaged the tyres of the speeding truck and the driver was compelled to stop the truck. 2. As the truck stopped, one of the occupants of the truck jumped out and fled away in the darkness of night but you along with Mangal Singh, were apprehended on the spot by the Customs Officers. On interrogation by the Customs Officers, you have admitted that you were carrying contraband goods of foreign origin and which were kept concealed in the truck underneath the bags of green ginger which had been loaded at Galgalia. The Customs Officials brought you, Shri Mangal Singh and the loaded truck to the Customs Office where on examination before you, Shri Mangal Singh and two independent witnesses, 23 bags of contraband goods (viz. stretch nylon yarn, Max stapler, tooth brush and cotton jeans pant pieces of third country origin) valued at Rs. 1,19,750/- were recovered from underneath 206 bags of ginger. The customs officers on your failure to produce any valid documents in support of illicit import into India in respect of the foreign goods in 23 bags, seized the said goods under the reasonable belief that they are liable to confiscation under the provisions of Customs Act, 1962. The full details of the goods seized are mentioned in the Inventory list. 3. "In your written statement dt. 27-1-84 you have stated that you were the driver of the truck UHD/613 owned by Shri Darshan Singh s/o Shri Succha Singh of 303, Berhampuri, District Meerut (U.P.) for the last 8 months and had made several trips to Assam and Siliguri from Meerut/Delhi during this period. You stated that during the last trip, you had carried rice from Delhi to Siliguri; that on 26-1-84, one person by name Shri Jaiswal approached you with a proposal of carrying some goods of third country origin about 20/22 bags from Bagdogra to Lucknow on carrying charges of Rs. 2400/-; that you and Mangal Singh accepted the proposal though you had not met Shri Jaiswal earlier. You have further stated that thereafter you went to Bengal Dooara Roadways Siliguri and loaded 206 bags of green ginger for delivery to Shri Bipin Kumar Anil Kumar of Azadpur, Delhi on hire charges of Rs. 4,4847/-; that thereafter you met Shri Jaiswal at the Siliguri Junction as per previous arrangement; that Shri Jaiswal accompanied you to Galgalia where you reached at about 2300 hours and where you found some packages lying in the open space near the Galgalia Railway Station; that these packages were kept underneath the bags of ginger while you were taking rest and that you left for the destination at 01.40 hours on 27-1-84. You have further stated that Shri Jaiswal followed you in the Ambassador car whose number you do not know and which disappeared after escorting you for some distance; that you saw some officers in uniform near the Bihar Bengal border but ignored their signal to stop and drove ahead at faster speed; that the officers gave you a chase; that when the officers tired at your vehicle, you realised that one of your rear tyres had been hit but you continued to proceed ahead. Continuing your statement, you have stated that after some distance, the tyre got deflated and you were compelled to stop and immediately you were surrounded by the Customs Officers who took you into custody and brought you to the Customs office where the goods were inventorised in your presence and in the presence of other witnesses. Shri Mangal Singh who was also apprehended along with you, corroborated your version in his statement recorded on 27-1-84. 4.

(3.) The detenu has challenged the validity of the said detention order on the ground that the detenu was merely employed as a driver on the truck in question and was not 'engaged in business of transporting smuggled goods' and there was nothing on the record to show that the goods in question were 'smuggled goods' and as such there was no material on the basis of which the detaining authority could satisfy that the detenu was engaged in transporting smuggled goods'.