MAJOR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS Criminal Writ Petition under Article 226 of the Constitution of India has been filed for quashing the orders of detention of the Petitioner passed by the Government on 17th July, 1989 under the conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as COFEPOSA, Act, 1974).

(2.) THE facts of the case are that the Petitioner was arrested, - -vide detention order dated 17th July, 1989 and was served with the grounds of detention on 27th October, 1989. It has been stated in the order of detention that the Petitioner has been smuggling goods from India to Pakistan and engaging in the concealing and keeping of the smuggled goods, i.e., foreign currency etc. and also acting in a manner prejudicial to the conservation and augmentation of foreign exchange and, therefore, it is necessary to make an order directing his detention with a view to prevent him from indulging in the said prejudicial activities. His detention was confirmed by the Government on 26th April, 1990 after seeking the opinion of the Advisory Board constituted under the COFEPOSA, Act, 1974. According to the Petitioner, he never smuggled any goods from India to Pakistan and, therefore, the allegation levelled against him that he smuggled foreign currency from India to Pakistan is without any basis. He has assailed the order of detention on numerous grounds. One of the salient grounds is that he had made two representations to the Jail Superintendent viz. one for the State Government and the other meant for the Central Government but these, according to him, were not considered as he did not get any reply thereto.

(3.) IN the written -reply filed by the State Government, it has been admitted that the Petitioner has been detained under COFEPOSA, Act, 1974, but the other allegations, assailing the Petitioner's detention as illegal, have been denied.