BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHUPINDER Singh alias Bitu petitioner, who is presently confined in Central Jail, Amritsar, has, through this petition under Article 226 of the Constitution of India, sought quashing of the detention order dated 23.6.89, passed by the Under Secretary Home, Govt. of Punjab, Department of Home Affairs and Justice, (Home III Branch, Annexure P1 and the grounds of detention dated 23.6.89, Annexure P1/A and the confirmation order dated 18.6.91, Annexure P2, under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, ('the COFEPOSA Act' in brief).

(2.) THE grounds on which the petitioner was detained, Annexure PA/1, briefly summarised are to the effect that on the basis of an information, the entire area of village Kakkar Kalan was cordoned off by 74 Bn. of BSF, Dhaqwan on the days and nights of 22nd/23rd October 1988. In the course of that action, the petitioner, along with his brother Major Singh and one Amrik Singh, was apprehended and a white fertilizer bag was recovered from the possession of Major Singh. On being opened, it was found to contain US Dollars numbering 2,70,615; UK Pound 13.20 and 10 Pounds of Glasgow. There was also a written chit in the English, mentioning the transaction. These articles were taken into possession. While the petitioner and his companions were handed over to Police Authorities, the recovered foreign currency, equivalent to Indian currency of Rs. 42,90,077/ - and the containers were handed over to the Customs Preventive Station, Attari. Notices were then sent to the petitioner and his companions and ultimately, on 10.1.89, the petitioner was apprehended by BSF Chogwan and produced before the Superintendent Customs (P), Attari. The petitioner suffered a statement to the effect that he had learnt from his brother Major Singh that some goods had been received which were to be smuggled to Pakistan. Major Singh then joined the petitioner and Amrik Singh. On the night of 23.10.88, an effort was made to cross over to Indo -Pak border, but on account of awareness of the Naka Party, they were not successful. They then returned to the tubewell/fields. On 24.10.88 they were surrounded by BSF Personnel and foreign currency contained in a fertilizer bag was recovered. Major Singh had given the information to the petitioner that the foreign currency had been brought by him from one Puran Singh of village Ranike.

(3.) THE petitioner has pleaded in the petition that after his arrest on 25.10.88, his thumb -impressions were obtained on blank - papers which were subsequently used for preparing confessional statement. The petitioner had been released on bail by the trial Court on 29.10.88. The petitioner was then arrested on 26.3.91 and was then detained. There was no link evidence which could satisfy the bare and minimum requirement of the COFEPOSA Act that he was indulging in any prejudicial activity for which he could be detained. Since the date of grant of bail and release, the petitioner had not indulged in any prejudicial activity and the detention order had been passed without satisfying about the fact that there was any likelihood of his indulging in such activities in future. There was, thus, lack of subjective satisfaction in the passing of the order by the detaining authority. There was no proximity between the event mentioned in the grounds of detention and the order of detention. The order was not passed with promptitude. There was also no proximity between the event mentioned in the grounds of detention and the detention itself.