LAWS(P&H)-1990-8-2

JAGBIR SINGH Vs. STATE OF PUNJAB

Decided On August 24, 1990
JAGBIR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Through this writ petition for Habeas Corpus, Jagbir Singh detenu challenges his order of detention dated 21-2-1990 passed by the State Government under Section 3 sub-section (3) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short called COFEPOSA Act) with a view to preventing the petitioner from indulging in smuggling the goods. This order of detention was served upon the detenu on 19-3-1990.

(2.) The brief re'sum'e of facts figuring in the grounds of detention Annexure P-2 served upon the detenu is that on 26-9-1989, on the basis of secret information, that a resident of Patiala was coming by Air from Kubal at Rajasansi Airport, Amritsar, carrying gold concealed in the baggage or in the body, Assistant Collector Customs (Prevention) Amritsar, reached the Rajasansi Airport and started checking the passengers, with metal detectors. During the checking, Jagbir Singh petitioner, was found carrying some metal inside his body. On further interrogation, the detenu confessed having concealed the gold in his rectum. The petitioner took out three black taped rectangular parcels from his rectum which contained 6 pieces of gold which were found to be 24 carrats gold, weighing 349. 800 grams. Some other contraband articles were also recovered from the possession of the detenu. The detenu was taken into custody and recovered articles were taken into possession. During interrogation the detenu admitted the recovery of these articles on 27th and 28/09/1989 before the Superintendent, Customs. The Detenu also disclosed having visited Bangkok in the year 1984 and Kabul (Afghanistan) during December, 19 8/02/1989 and 24-9-1989. The detenu also disclosed that he had procured the gold from some person at Kabul on behalf of Pappu and Bhupinder Singh of Amritsar, and that he used to charge some money and that on 24-9-1989 the detenu along with his brother Amarjit Singh had gone by air to Kabul at the instance of aforesaid Pappu, and that Pappu had handed over a parcel containing U. S. Dollars which was inserted by the detenu in his rectum. On reaching there, he handed over this parcel to a sardar boy who as per arrangement handed over the petitioner and his younger brother 6 (six) tiny parcels containing 12 pieces of gold and that they brought the same to Amritsar after concealing the same in their rectums and the petitioner was detected by the custom authorities and the gold was recovered from his rectum while his brother managed to escape. Under these circumstances, the custom authorities arrested the petitioner under Section 104 (1) of the Customs Act and then the impugned order of detention was passed.

(3.) In this writ petition, the petitioner challenges the order of detention inter alia on the ground of snapping the nexus due to passage of six months between the prejudicial activity and the passing of detention order, delay of one month in executing the order of detention, on the ground of discrimination as the aforesaid Pappu and Bhupinder Singh were not detained under the COFEPOSA Act and on the ground that since his passport has been impounded at the time of his arrest, there was no chance of his indulging in similar activities in future and that this fact was not brought to the notice of detaining authority.