SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a habeas corpus Petition under: Articles 22/227 of the Constitution of India filed by Surinder Singh petitioner praying therein that the order of detention of Jaswant Singh son of Harnam Singh, detenu, be quashed.

(2.) THE facts which gave rise to the petition are that one Gurdip Singh and Jaswant Singh detenu were apprehended by the Custom and Central Excise Preventive Staff, Ludhiana Division, at House No. 827, Kutcha No. 1 Field Ganj, Ludhiana, belonging to Jaswant Singh detenu. Jaswant Singh detenu and Gurdip Singh were found in possession of 697 pieces of wrist watches and 82 pieces of chains of foreign origin of the value of Rs. 1,85,540/- which they had purchased from various pedlars at Bombay without any bill, vocher or any, other document showing their legal import. They smuggled these articles and brought them to Ludhiana on 22nd July, 1983. The watches and chains were seized by the Custom and Central Excise Preventive Staff. Both Gurdip Singh and Jaswant Singh detenu made confessional statements before, the officers of the Custom and Central Excise Preventive Staff, Ludhiana Division on 22nd July. 1983. A copy of the confessional statement of Jaswant Singh detenu. is annexed as P-2 to the petition. It is alleged in the petition that on 23rd July, 1983 Jaswant Singh sent a telegram to the Collector, Customs. Chandigarh, stating therein that confession had been obtained under threat and pressure and thereby retracted from the same The Governor of Punjab (detaining authority) after going through the material placed before him was pleased to order the detention of Gurdip Singh and Jaswant Singh on 17-5-1984 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Copy of the detention order of Jaswant Singh Annexure P-6. The grounds of detention were supplied to the detenu under the signatures of Deputy Secretary Government of. Punjab, Home Department. Translation of the same is also contained in Annexure P-6, Annexed to the petition.

(3.) IN this view of the matter, this petition succeeds and the detention of Jaswant Singh detenu, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, is set aside.