BALBIR SINGH ALIAS BHAPPA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE detenu through this petition filed under Articles 226, 227 of the Constitution of India, seeks the quashment of detention order Annexure P I dated 24th May, 1989, passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. (hereinafter to be referred as COFEPOSA), inter alia on the ground that he has been denied a right to file effective representation due, due to non-service of declaration under Section 9 of the COFEPOSA Act.

(2.) THE brief resume of the facts, figuring in grounds of detention annexure P2 relevant for the disposal of this writ petition are that on 22nd January, 1989, on the basis of secret information regarding the indulgence of the petitioner in smuggling of gold from Pakistan, the petitioner was apprehended by the officers of the Border Security Force from his tubewell. On interrogation, the petitioner admitted having dumped smuggled gold wrapped in cloth in his field 93 biscuits having foreign markings and got it recovered. This gold was seized by the Custom Authorities under the provisions of the Gold (Control) Act, 1968, read with Section 11 of the Customs Act, 1962. etc. The petitioner was then interrogated by the Custom Authorities. In his statements tendered on 23rd, 25th and 27th January, 1989, the petitioner admitted the recovery of the above referred gold biscuits from his possession besides stating that the petitioner had smuggled the gold from Pakistan and dumped the same in his field in the month of November, 1988, as Angrej Singh alias Pappu, failed to collect this gold after he brought it from Pakistan in pursuance of the previous arrangement. The detenu escaped from the dragnet of Border Security Force which had started searching the area. Thereafter the petitioner contacted the aforesaid Angrej Singh and asked him to help in the recovery of dumped gold biscuits but aforesaid Angrej Singh ultimately refused to accompany the petitioner. The petitioner also admitted having contacted Balbir Singh alias Bira of his village and accordingly, on the night of 30th December. 1988, brought the gold biscuits to their village and dumped the same in the sugarcane fields. The aforesaid Balbir Singh when interrogated by the Custom Authorities admitted these facts which resulted in passing the above referred detention order. It was served on 19th July, 1989. The grounds of detention in Annexure P2 were also served upon the detenu.

(3.) APART from the other objections in para 4 (v), the petitioner has averred that he has been deprived of his right to make effective representation against the declaration made by the concerned authority under Section 9 of the Act, Para 4(v) read as under :-