HARBANS SINGH Vs. GOVT OF INDIA

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 along with 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 assayed from valuers. The same were sealed with the Customs Seal No. 195.

(3.) During interrogation, it was disclosed that Dev Raj had been working for some agency operating across the Border. Gold biscuits used to be hidden in the forest. They were ultimately to be delivered to the petitioner at a place called Hari Pattan. It was disclosed that in the past, gold biscuits were being delivered to the petitioner. Certain follow -up action was taken. Summons were issued to the petitioner, but could not be served. A complaint was filed against the petitioner on 4.2.1993 in the Court at Rajouri. Thereafter, an order was passed dated 11.10.1993 whereby petitioner was detained under Sec. 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.