MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh, petitioner has come to this Court in this criminal writ petition under Article 226 of the Constitution of India for quashing of the detention order No. 1/40/903H111 (COFLEPOSA)/1898 dated 11-10-90, passed by the Under Secretary Home, Govt. of Punjab, Department of Home Affairs and Justice (Home III Branch), Annexure PI and grounds of detention dated 11-10-90, Annexure P1/A.

(2.) THE petitioner pleads that he was arrested in case FIR No. 114 dated 10-10-89 under Section 41/414/12, 216-A, IPC, 25 Arms Act, 3/34/20, I.P. Act, 14 Foreigner Act and 3 Official Secret Act and FIR No. 108 dated 29-80 89, under Section 307/34/409/411/414, IPC. 25 Arms Act, 3/34/20 1. P. Act, 14 Foreigner Act, and 18/61/85, N.D. P.S. Act, registered at Police Station, Khalra. He was been taken to Interrogation Centre, Amritsar. After torturing, his tbumb impress ions were obtained on black papers. Subsequently those papers were utilised for preparing confessional statement. He was released, on bail by the trial Court. On 17-11-90, he was again arrested and served with detention order Annexure P/1 accompanied by grounds of detention Annexure P1/A.

(3.) AFTER spending a lot of money on criminal cases, the petitioner made up his mind for starting smuggling activities. He then contacted Satpal alias satta resident of Katra Khazana, Amritsar, a renowned smuggler who offered the petitioner a sum of Rs. 8,000/-, as commission in case he brought one jacket containing 100 gold biscuits from safdal, a Pak smuggler resident of village Jahman, PS Barki, District Lahore. Safdal was already known to the petitioner. After obtaining a chit from Satpal -in the name of Safdal, he returned to his house by bus. After 2 days, the petitioner crossed the Indo-Pak border and contacted safdal at his village. At the asking of safdal, the petitioner stayed at his house. On the following day, safdal delivered the petitioner two jackets each containing 100 gold biscuits along with a chit in the name of Satpal. The petitioner crossed over Indo-Pak border and went to his farm house. He contacted Satpal on the next day at Amritsar and delivered the gold biscuits to him. A week thereafter Satpal paid Rs. 15,000/- as commission to the petitioner and told him that he should bring more gold from Safdal after a period of 1/2 months. Towards the end of November 1989, after obtaining another chit from Satpal in the name of Safdal the petitioner crossed over to Pakistan and on the basis of the chit, Safdal handed over two jackets each containing 100 biscuits and the chit bearing the account of the smuggled biscuits in the name of Satpal. The consignment was again delivered by the petitioner to Satpal and the petitioner received Rs. 16,000/- as commission. Satpal told him that he would send for the petitioner whenever his presence was so required On 22-12-89 Police Station Khalra arrested the petitioner and during interrogation, he admitted the above facts. It is on the basis of this statement that the President of India felt satisfied for ordering his detention. The petitioner challenges this detention order on the ground that there was relay in passing the detention order. The same was passed on vague grounds. The petitioner had been allowed bail and this fact was neither considered nor were copies of bail application and bail order supplied to him, thereby prejudicing his right to representation. The representation made by the petitioner had not been promptly decided and as such, the detention was illegal.