KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kartar Singh who at present is confined in Central Jail Amritsar has filed this petition under Article 226 of the Constitution of India for quashing the detention order dated 18.9.1991 Annexure P-i passed under sub section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the Act for brevity) and grounds of detention Annexure P-i/A.

(2.) The brief facts of the care on the basis of which detention of the petitioner was ordered as enumerated in Annexure P.1/A are that on the intervening night of. i2/i3.3.i99i, 54 Bn. of B.S.F. held picket in the wheat fields of Amar Singh a resident of village Dal on receipt of some information. At about 1.45 A.M. Kartar Singh petitioner and Mukhtiar Singh alias Mukha were seen approaching from Pakistan border and when they were challenged, they fled away in different directions taking benefit of the standing wheat crop. A few rounds of assault rifle were filed from across the border and thereupon the picket party also opened fire. The petitioner and his companion concealed themselves in the crop. The whole area was surrounded by the picket party and was searched. The petitioner and his companion were apprehended. Personal search of the petitioner was conducted in the morning, in the presence of Sher Singh Sarpanch and Charan Singh member panchayat of village Dal. 80 gold biscuits of foreign markings of assorted brands were recovered from one bandolier tied around the neck of the petitioner and 145 gold biscuits were recovered from the possession of his companion. All the gold biscuits and packing material were taken into possession and were then handed over to Customs Staff at Customs House Amritsar. These articles were seized under the reasonable belief that the same had been smuggled into India from foreign country in contravention of the provisions of Import Control Order No. 17/55 issued under Section 3(1) of the Import and Export (Control) Act, 1947 read with Section ii of the Customs Act and Section 13(1)(4) of the Foreign Exchange Regulations Act.

(3.) On 15.3.1991, the petitioner made a statement under Section 108 of the Customs Act wherein he admitted that 80 gold biscuits of foreign marking of assorted-brands and varieties wrapped in a plastic tape were recovered from his possession and 145 gold biscuits were recovered from the possession of his companion Mukhtiar Singh. They had obtained these biscuits from two persons who came from Pakistan and these were to be delivered to one Samma in the morning on the outskirts of village Daleri near the over-bridge of tributary and Samma was to pay to them Rs. 10.000/- for smuggling the same.