DEVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) DEVINDER Singh detenu had challenged the order of his detention Annexure P-1 dated 18.7.1989 passed by Shri Mahendra Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, 1989 directing the detention of the petitioner under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act') with a view to preventing the petitioner from engaging in transporting smuggled goods. This order of detention along with the grounds of detention was served on the detenu on the same date.

(2.) THE brief resume of relevant facts contained in the grounds of detention Annexure P-2 is that on the basis of specific information, officers of the Directorate of Revenue Intelligence, Amritsar, intercepted a Maruti car bearing registration No. UMF 2139 at Agar Nagar, Ludhiana, on 10.6.1989 at 6.30 PM. Devinder Singh detenu alongwith Gopal Krishan and Inderjit Singh was found travelling-in that car. This car was escorted to the office of the Directorate of Revenue Intelligence at Amritsar for search. The thorough search of the car on 11-6-1989 yielded the recovery of 200 golds biscuits bearing foreign markings from underneath the rear seat of the car. These gold biscuits were wrapped in two cloth vanasalies. The gold biscuits of the value of Rs. 75,09,040/- were seized under the Gold Control Act, 1968, and Customs Act, 1962. The car in question along with the cloth vanasalies and adhesive tapes was also seized. During interrogation under Section 108 of the Customs Act, Gopal Krishan one of the occupants of that car stated that one Dalbir Singh proposed him to carry smuggled gold to Delhi by concealing it in a car on a commission of Rs. 5,000/-. Thereafter on 10.6.1989, he alongwith Inderjit Singh alias Lalli went to Baba Shahendanwala Gurdwara in the above said car and met aforesaid Dalbir Singh and Devinder Singh detenu. Devinder Singh joined them and they went to Zira in the said car. At Zira Devinder Singh alone took the car and returned about 2-1/2 hours thereafter, On return, he apprised Gopal Krishan of the concealment of 200 gold biscuits under the back seat of the car and Gopal Krishan was to get Rs. 5,000/- as commission from Dalbir Singh. Inderjit Singh driver of the said car on interrogation also admitted before the enforcement authorities having entered into an agreement with Gopal Krishan for the Delhi trip besides supporting the above referred version of his co-associate Gopal Krishan. Under these circumstances, the detention order was passed and served upon the detenu while he was being confined in the jail for violation of the provisions of Gold Control Act and Customs Act with a view to prevent him from indulging in similar prejudicial activities on his being released on bail.

(3.) IN the return filed by Shri Mahendra Prasad, Joint Secretary, on behalf of the respondents it is maintained that the answering respondent had passed the order of detention after due application of mind to all the facts on the record. It is further averred that the car was shifted to the office of the Director, Revenue, for thorough rummaging and-for security reasons. The car reached there at about 10.00 PM on 10-6-1989. Due to non-availability of independent witnesses the car was not searched during the night but on the next morning at 8.0 AM. It is further explained that Devinder Singh and his co-associate Gopal Krishan were produced before the Magistrate on 11-6-1989 and none of them had contended his false implication or wrong arrest under the Customs Act or Gold Control Act and thus their belated plea regarding torture or extracting confessional statement is of no consequence. It is further explained that Inderjit Singh alias Lalli was not arrested being totally ignorant regarding the presence of gold in the said car. On the other hand, the car was hired as per the statement of Inderjit Singh by Gopal Krishan on the pretext of illness of some relation of the latter. This fact was even admitted by Devinder Singh and Gopal Krishan in their respective statements recorded on 11-6-1989 under Section 108 of the Customs Act by the enforcement staff. It was further asserted that no representation filed by the detenu has been received by the answering respondent so far and that the detention order was passed with due promptitude after thorough investigation of the case.