SARABJIT SINGH @ SHABA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARABJIT Singh alias Shaba, the petitioner herein, seeks the quashing of the detention order No. 1/48/91-(COFEPOSA/1758) dated 23.9.1991, Annexure P.1 and grounds of detention dated 23.9.1991, Annexure P.1/A by exercising the powers of this Court under Article 226 of the Constitution of India. The basis on which the detention was passed may be taken from the grounds of detention Annexure P.1/A and briefly narrated as under :

(2.) ON 14.4.1991, on the basis of information, the petitioner was apprehend near Mazar of Babapir while he was returning from his fields. In the presence of Sarpanch Sher Singh and Member Panchayat Charan Singh of village Dal. His personal search was carried out, leading to the recovery of two bandoliers of Khakhi Jean cloth tied around his waist. On opening of the bondoliers 80 gold biscuits from one and 70 gold biscuits from the other in all 150 biscuits of foreign markings, wrapped in plastic type paper were recovered. Along with the cycle, this gold was taken into possession. On enquiry, the petitioner supplied the information that he was to hand over that gold to a man standing with LP Truck, belonging to village Mari Megha. He also disclosed that one Munshi who had already contacted him, was to come with the truck and after taking the gold from him, he was to deliver the same to Lakhwinder Singh alias Lakha Bhusa son of Ajit Singh of village Bhuse. The BSF party then proceeded in search for the truck and was ultimately able to apprehend the truck No. PBK 233 with driver Ranjit Singh alias Billa. The gold recovered was got tested and found to be worth Rs. 60,34,050/-. The petitioner in his statement confessed the recovery of gold from his possession and also the fact that he was to hand over the same to Munshi who was to come in a truck for onward handing over the same to Lakhwinder Singh alias Lakha Bhusa. With respect to his engaging in this activity, he disclosed that about a month earlier, Munshi had met him at the Truck Union Office, Bhikhiwind and after gathering information about the location of his lands, told him that the lands being near the border, he could help Munshi in the activity of smuggling. In the first instance, the petitioner refused, but he was offered Rs. 5,000/- per trip to which he agreed. Munshi then told that he would give him a scheme for bringing the contraband goods About a week earlier, munshi came to his village to show his intention to see his fields. Munshi observed the distance from the border line with Sheeham tree and also asked the petitioner to dig a pit in roots of one Sarkanda plant. He also told the petitioner that the people belonging to the group of Hazura Singh resident of Ghawind (Pak) would conceal the contraband in that pit and that the should bring that gold after clearing the same from the pit during day time without being noticed by the BSF. On the next day, the petitioner not with a sickle for cutting Sarkanda and he then dug a pit under the reeds of Sarkanda plant at a predecided place. On 11.4.1991, Munshi met the petitioner and told him that on the night intervening 12-13/4/91 the contraband shall be placed in a pit and he could recover it and bring it to the Mandir Dal and he would be paid Rs. 5,000/-. On visiting however, the pit was found to be empty. On the following day, however, on search of the pit, 2 bondoliers were recovered which he retrieved and brought out. He carried the same bondoliers by tying them around his waist. It was the gold which had been recovered by the BSF. The petitioner was arrested on 16.4.1991 and sent to judicial custody on 22.4.1991 and on 17.7.1991 he was admitted to bail.

(3.) IN the return filed by the respondent authorities, it has been admitted that after his release on bail on 17.7.1991, no 'prejudicial activity' was committed by him. It has, however, been denied that there was delay in the process of the detention order. The following explanation was furnished with respect to the delay of the detention order :