NIRMAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed by Nirmal Singh (hereinafter described as 'the petitioner') under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure to quash and set aside the detention order dated 21.1.1994. It has been passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) SUM and substance of the relevant facts which led to the detention of petitioner are that specific information was recorded by the Customs Department that one Ranjit Singh Rana son of Veer Singh, resident of village Naushehra, District Amritsar had 100 gold biscuits in his possession. On 17.3.1993 in the evening when Ranjit Singh Rana was about to enter his farm house, he was apprehended. On interrogation he admitted to have transported 100 gold biscuits from Pathankot and concealed the same in the house of Sakattar Singh since 28.2.1993. On 18.3.1993 search was conducted in the house of Sakattar Singh and 100 gold biscuits were recovered from the back rest of the bed. On 18.3.1993 Sakkattar Singh made a statement to the Superintendent of Customs under Section 108 of the Customs Act, 1962 that one Sohan Singh, Superintendent of Customs is known to him and was insisting upon Sakattar Singh to introduce him to some carrier of smuggled gold. He further admitted that Ranjit Singh, his nephew was working as carrier of nefarious smugglers in association with his cousin Satnam Singh resident of Jalandhar. The smuggled gold was used to be delivered to Satnam Singh. Sakattar Singh introduced Ranjit Singh to Sohan Singh who won over him and made him agree to help Customs Department in effecting seizure of smuggled gold.

(3.) ON these broad facts, the impugned detention order had been passed.