TARSEM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner (presently confined to Central Jail, Amritsar) has moved this criminal writ petition under Article 226 of the Constitution of India for quashing of the detention order F. No. 673/235/91-CUS.VIII dated 27.5.1991, Annexure P.1; passed under Section 3(1) of the COFEPOSA Act, 1974 and the Grounds of Detention dated 27.5.1991, Annexure P1/A and the Confirmation Order F. No. 673/235/91-CUS. VIII dated 8.10.1991, Annexure P3.

(2.) THE grounds on which detention of the petitioner has been ordered may be enumerated from Annexure P1/A. A special operation was planned by 45, Bn BSF of Wan, on basis of information that gold biscuits of foreign origin would be smuggled from Pakistan. A surveillance was kept on the movements of the villagers, going to their fields. At about 10.00 hours on 1.11.1990, four persons whose identification was subsequently established as Tarsem Singh, Kuldeep Singh, Lakhwinder Singh and Beera Singh, were noted by the surveillance party, going to the field of Joginder Singh and Sardool Singh. They, having tried to slip away on seeing the BSF party, were apprehended. A search was carried out in the presence of members panchayat of Wan. 160 gold biscuits along with one rupee coin were recovered from the possession of the petitioner; 120 gold biscuits from the possession of Kuldeep Singh; 100 gold biscuits from the Lakhwinder Singh while from Beera Singh's possession, nothing was recovered. The recovered gold was handed over to the Customs Preventive Staff, Bhikhiwind. It was found that Tarsem Singh petitioner and others did not have any documentary evidence entitling them to import that gold. They had, thus, contravened the provisions of Import (Control) Order No. 17/55 dated 7.12.55.

(3.) SH . A.S. Sandhu, learned counsel for the petitioner, has challenged this order on the basis that there was a delay in the passing of the detention order and that fact alone will show that there was no application of mind by the detaining authority.