OMPRAKASH NEEMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall govern the disposal of Misc. Pet. Nis. 517 of 92 (Prahlad Das Neema v. Union of India and Anr.), 621 of 92 (Ramesh Chandra Shah v. Union of India and two Ors.), 666 of 92 (Hardayal Singh Dhillon v. Union of India and two Ors.), 667 of 92 (Amrik Singh alias Satnam Singh v. Union of India and two Ors.), 668 of 92 (Omprakash Neema v. Union of India and two Ors.) and 669 of 92 (Nitin Kumar Soni v. Union of India and two Ors.). Wherein identical points have been raised by the detenus, who have been detained under the provisions of the Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act).

(2.) THE facts leading to these petitions, in short, are that on receipt of some reliable information, the Customs and Central Excise officers of Indore Headquarters searched the premises No. 42A, 43C, Sector -5, Sanwar Road, Industrial Area, Indore in the presence of panchas, in the early hours of 27 -2 -1992. When the search party reached the aforesaid premises they saw that one truck was parked in the premises from which some goods were being unloaded. One Canter Vehicle, two Maruti vans, One Scooter, one Motor Cycle were also found parked in the premises and some people were found remaining here and there. One of the petitioners Nitin Kumar Soni told that the premises belongs to him. One Truck No. OR -04 -3735 was parked there in which three persons Amrik Singh, Kalvinder Singh and Ramsingh were sitting. Amrik Singh disclosed that he was the owner of that truck. Two other persons Aman Soni and Shashipal Mishra were unloading silver slabs, having foreign markings, from the truck. Then the search party found a pit and in that pit also some silver slabs were being dumped. On that spot one Omprakash Neema was found standing. There was false cavity in truck No. PR -04 -5735 from where silver slabs bearing foreign marking were being unloaded. From the truck 9 silver slabs bearing foreign markings were also recovered. From a pit made in a shed of the premises 71 slabs of silver having foreign markings were recovered.

(3.) FROM the order of detention and the grounds of detention supplied to the detenus by the Government of India, it appears, that the detention order has been passed by the Detaining Authority on arriving at a conclusion that the detention order detaining the present detenus is necessary for preventing them from the activities of dealing, concealing and transporting etc. of the smuggled goods.