PIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PIPAL Singh by means of this writ petition under Article 226 of the Constitution of India, seeks quashing of the detention order No. 1/38/91-(COFEPOSA) 1621 dated dated September 5, 1991 (Annexure P-1), Grounds of Detention dated September 5, 1991 (Annexure P-1/A) and confirmation order No. 1/38/91/89-3HIII(COFEPOSA)/82 dated January 28, 1991 (Annexure (P-2).

(2.) THE facts on the basis of which the detention of the petitioner had been ordered may be gathered from grounds of detention Annexure P-1/A. On December 13, 1990, the petitioner was intercepted by a BSF naka party while he was returning from his fields, and on search of his tractor 24 packets of 10 gold biscuits each of foreign origin were recovered from a cavity in the bottom of the tractor. The gold was got tested and valued from two goldsmiths and the same was found to be valued at Rs. 83,04,000/-. In his statement made before the Custom authorities, the petitioner confessed the recovery and also admitted that he was working for Gurmukh Singh @ Gokhi r/o village Dhanoa, a gold smugglar, who had contacts with Pak smuggler Pale Khan resident of Gulberg, Lahore and that he had been acting as a carrier for the last three months. He also confessed that a labourer Bagicha Singh had been helping him and that he had been receiving Rs. 5,000/- per trip. Statement of Bagicha Singh was also recorded who confirmed the fact of helping Pipal Singh.

(3.) IN the return filed, delay was explained as follows :-