SUKHDEV SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this habeas corpus writ petition, Sukhdev Singh, detenu, seeks quashment of the order of his detention, Annexure P-1, dated 19.10.1990 passed by the State of Punjab under the provisions of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as 'the Act') with a view to preventing him from indulging in smuggling of gold activities as a carrier inter alia contending that the representation filed by the petitioner after rejection of his earlier Criminal Writ Petition No. 75 of 1991 by G.S. Chahal, J. on 24.10.1991 was not decided with due and utmost promptitude.

(2.) BRIEF facts of the case relevant for the disposal of this writ petition are that members of 74 Battalion of the Border Security Force laid a special Naka on the left flank of B.O.P. approximately at a distance of 500 yards from the International Border on 3.5.1990. At about 0300 hours, naka party observed two carrirs, coming from Pakistan to India. When these carriers were just at a distance of 36/40 yards from the party, they were challenged. One person out of them fired at the naka-party. The members of the naka party grappled with the intruders while the leading carrier started running towards Pakistan side. The naka party encircled the area and overpowered the said intruder. On personal search of Gurmel Singh son of Surta Singh, 50 gold biscuits were recovered. The other person apprehended at the spot was Karam Singh alias Karma alias Kala son of Joginder Singh and one bandolier of Khaki jean cloth tied around his waist containing 50 gold biscuits were recovered from his possession. The petitioner was also apprehended at the spot and from one bandoiler tied around his waist, 50 gold biscuits were recovered. These gold biscuits along with other articles recovered from the possession of Gurmel Singh companion of the petitioner were handed over to the Customs Authorities, Amritsar by the Border Security Force on 4.5.1990. The Custom Authorities seized these articles under Section 110 of the Customs Act, 1962 on reasonable belief that the same have been smuggled into India from Pakistan in contravention of the provisions of Import Control Order No. 17/55 (as amended) issued under Section 3(1) of the Imports and Export (Control) Act, 1947 read with Section 11 of the Customs Act, 1962, Section 13(1) of the Foreign Exchange Regulation Act, 1973 and under Section 8(1) of the Gold (Control) Act, 1968. Sukhdev Singh petitioner also tendered a written statement before the Superintendent, Customs Preventive Station, Attari under Section 408 of the Customs Act, 1962 disclosing that on 28.4.1990, Pappu son of Kartar Singh came to his chakki at about noon time and persuaded the petitioner to earn quick money. The petitioner then associated the aforesaid Karam Singh and thereafter, in pursuance of the proposal, the petitioner and Karam Singh agreed to work as carriers of gold from Pakistan to India. The petitioner also disclosed that on 9.4.1990 they went to the tubewell of Pappu who asked the petitioner to stay there and that he will contact them during the night. Pappu returned at about 8 p.m. accompanied by one more person named Babu Chauhan. Pappu after introducing these persons with Babu will work as their guide in Pakistan and handed over a chit given to him by Jagir Singh. Thereafter, these persons left the tubewell and preceded towards border. After crossing the border, they went to the house of one Answar Tunda where the petitioner handed over a reference letter of Jagir Singh to Anwar Tunda and the aforesaid Anwar Tunda handed over the said gold to the petitioner and while entering India, the petitioner and others were apprehended by the Border Security Force. Karam Singh alias Karma also tendered similar statement admitting these facts. The petitioner has alleged that he and companions were arrested by the Customs Staff on 4.5.1990 and remanded to judicial custody by the Court of Chief Judicial Magistrate, Amritsar. The petitioner and his companions moved a joint petition before the Chief Judicial Magistrate, Amritsar, on 4.6.1990 and were released on bail on 6.7.1990. Due to the above referred activities, the Enforcement Staff of Custom, Amritsar, sent a proposal to the State Government to pass the above referred detention order and accordingly the impugned order was passed. It was served upon the petitioner on 24.11.1990.

(3.) THE grouse of the petitioner in this writ petition is that these representations were not disposed of by the State Government as well as by Union of India promptly. It is maintained that non-supply of the copy of the report/proposal prepared by the sponsoring authority vitiates the detention order in view of the mandate enshrined in Article 22(5) of the Constitution of India. Various other grounds have also been taken in this petition which are not relevant as these were considered and rejected in the earlier writ petition.