ASHOK KUMAR ALIAS SHOKI Vs. UNION OF INDIA

JUDGEMENT

(1.) Ashok Kumar the detenu; petitioner, has challenged the order of detention dated 16-3-1993 passed under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the Act for short) by fi,ing this writ petition under Art. 226 of the Constitution of India read with S.482 of the code of Criminal Procedure. The detention order Annexure P-1 was passed with a view to prevent the petitioner in future, from acting in any manner, prejudicial to the augmentation of foreign exchange.

(2.) The brief facts of the case, resulting in the passing of the detention order of the petitioner, as gathered from the grounds of the detention are that on receipt of information that one Manoj Kumar alias Goga brother of the petitioner was indulging in unauthorised sale and purchase of foreign exchange, the Officers of Enforcement Directorate Jalandhar searched the residential premises of the petitioner and his brother on 4-12-1992. The residential premises of the petitioner were situated in Street No. 4 Subhash Nagar, Phagwara and as a result of the search US $ 3910, UK 3185, Canadian $ 6175, and some other foreign currencies as well as Rs. 7,06,000.00 and six loose sheets were recovered which were seized. This foreign exchange was recovered from a cavity in the wooden cup board fitted in the wall of the front room of the ground floor. On the same day statement of Manoj Kumar was recorded wherein he stated that he was carrying on trade in foreign exchange and he implicated his brother the present petitioner and some others. The petitioners also made a statement, wherein he stated that seizure memo had been prepared on the basis of ;the search of the house, which he constructed in the name of his wife Smt. Madhu but he did not give any further information. As a follow up action search of the business premises of M/s. Sareen Cloth Store, M/s. Sareen Cement Store, P.C.O. of Vinod Kumar and Sudhakar Verma was carried out. Documents and cash were recovered from some of these premises. Statements of Sandeep Kumar, Vinod kumar Sareen and Pyre Lal were recorded who implicated the petitioner. When the petitioner was produced before the Magistrate, he retracted his statement. He was, however allowed bail on the condition to appear before the Officers of the Enforcement at Jalandhar on every Monday. He along with Manoj, Sandeep and Vinod Sareen appeared before the Directorate, Jalandhar, on 14-12-1992, 21-12-1992 and 18-12-1992 but thereafter they did not appear before the concerned authority. He filed Criminal Writ Petition No. 790 of 1992 for quashing the detention order passed against him in pursuance to the search and investigation but that writ petition was dismissed on the ground, that by that time no detention order had been issued.

(3.) On 16-3-1993 order of detention Annexure P-1 was passed against the petitioner and he was arrested on 6-8-1993. On 21-8-1993 he made a representation against his detention to the detaining authority which was dismissed.