HARBANS SINGH Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) THIS is a petition filed under Article 226 of the Constitution of India for quashing the order of detention dated 11.10.1993 and the grounds of detention of even number and even date.

(2.) IT is asserted that on basis of information a Customs Party, Amritsar visited Sunderbani Tehsil Area of District Rajouri on 3.8.1992. One of the officers with guide visited the Village Menka Mahadev, near the line of actual control in J&K. Dev Raj was picked up. During interrogation, he disclosed that he alongwith one Rattan Singh and Som Raj had brought 580 Gold biscuits from Pakistan about 2 months back and the same were concealed under the stones on the outskirts of the village Menka Mahadev. He disclosed further that 300 gold biscuits and 200 gold biscuits were concealed at two different places. Army party recovered 300 gold biscuits on 25.7.1992 and 100 gold biscuits were snatched from Dev Raj by Rattan Singh under threat. Rattan Singh was picked up from his village. 90 gold biscuits were recovered from a bandolier, hidden under the stones in the same village. Gold biscuits were assessed from valuers. The same were sealed with the Customs Seal No. 195.

(3.) THE petitioner assails the said order and grounds of detention asserting that detention order is passed 14 months after the incident. It is void because satisfaction expressed is not real and genuine. It took 12 months to execute the order. The order was passed much after even the complaint had been filed.