DILBAGH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed by Dilbagh Singh under Article 226 of the Constitution of India seeking quashing of the detention order dated 8.8.1994 passed by the respondent under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA'.

(2.) AS against the petitioner, it is alleged that on 20.1.1994 at about 3.15 hours a scooter was coming from the side of Bore Gangausoo. The picket of the Central Reserve Police Force asked the scooter to stop. It has riders. When the scooter stopped, all the three persons tried to escape. The petitioner and one Joginder Pal were apprehended while the third person escaped. The petitioner had tied a black belt around his waist. It was checked and was found to be having 98 gold biscuits. The scooter was without number plate. The gold biscuits and the scooter was seized.

(3.) THE said order and grounds of detention are assailed by the petitioner on the ground that criminal proceedings under the Foreign Exchange Regulation Act, 1973 have been initiated, when there is a specific remedy for the alleged activity of the petitioner, he cannot be detained by passing the impugned order. The detention order is alleged to have been passed after seven months of the said recovery of gold biscuits. Thus, as per the petitioner there is no proximity between the alleged activity and the impugned order of detention. The detention order is alleged to have been passed in a mechanical manner without application of mind and that merely because the respondent has reached the conclusion that the petitioner may be admitted to bail, there is no ground to pass the impugned order.