KANWARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing the detention order dated 21-1-1988 (Annexure P-1) and the grounds of detention (Annexure P- 1/A) passed by Joint Secretary to Government of India, Ministry of Finance, Department of Revenue, New Delhi in exercise of the powers, conferred by sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, with a view to prevent the petitioner from abetting the smuggling of goods.

(2.) The brief facts of the case are that on 6-1-1988 a specific Intelligence report was received by the Delhi Zonal Unit of Directorate of Revenue Intelligence, that Kanwarjit Singh alias Pahalwan, the present petitioner was responsible for smuggling of huge quantity of foreign marked gold from Dubai into India via Pakistan. It was further indicated that the petitioner was arranging the smuggling of gold into India with the assistance of international Smuggling Syndicate operating from Dubai, Pakistan and India and one Virsa Singh was looking after the movement and disposal of smuggled gold in India. The petitioner had arranged for smuggling of 520 foreign marked gold biscuits into Amritsar sector of Indo-Pak border which would be reaching Delhi in the evening of 6-1-1988 concealed in truck No. DIL 1677 and Virsa Singh was to take delivery of those gold biscuits at Delhi for ultimate disposal in Delhi Market. In pursuance of this information truck No. DIL-1677 was intercepted at Kundli on Delhi-Haryana border by the officers of the Directorate Revenue Intelligence, New Delhi, Multan Singh and Malkiat Singh were the occupants of the truck at that time. They along with the truck were taken to the Complex of the Office of the Directorate of Intelligence Revenue, Lodhi Road, New Delhi and search of the truck was carried out in the presence of two witnesses. On opening of the cavity at the top of the wooden partition separating the drivers cabin, from the rear portion of the truck, 520 foreign smuggled gold biscuits of 10 tolas each valued at R. 2.12 crores were recovered. These were seized along with the truck under the Customs Act, 1962.

(3.) Statements of Virsa Singh and Nirmal Singh were recorded under Section 108 of the Customs Act wherein they stated that Kanwarjit Singh was the mastermind in the smuggling of contraband goods and its disposal. Residential premises of Kanwarjit Singh were searched but nothing incriminating was recovered. A complaint was, however, filed against the petitioner under Section 135(1)(b) of the Customs Act read with Section 185 of the Gold Control Act, 1968 in the Court of Additional Chief Metropolitan Magistrate, New Delhi the petitioner moved a Criminal Writ Petition No. 350 of 1993 in this court for quashing the complaint which was decided on 20-10-1993. In the return filed by respondent No. 1 in that case it was stated that an order of detention had also been passed against the petitioner and since he was absconding the same was sent to Home Secretary, Chandigarh for his service. Thereupon, brother of the petitioner namely Jaspal Singh contacted the petitioner who was residing in Toronto (Canada) on telephone about the detention order and he instructed his brother to file the present writ petition.