LAWS(P&H)-1995-11-6

BALWINDER SINGH Vs. STATE OF PUNJAB

Decided On November 10, 1995
BALWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition has been filed by the detenu Balwinder Singh son of Shri Amrik Singh for quashing the detention order No. 1/83/93-3HIII (COFEPOSA)/1509 dated 17-12-1993 (Annexure number P-1') and the grounds of detention of the even number and date, passed by respondent No. 1 in exercise of the powers conferred by sub-Sec. (1) of S.3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein after referred to as 'the Act') and with a prayer that he be released forthwith from the illegal detention.

(2.) The allegations on the basis of which the impugned detention order has been passed may be gathered from the grounds of detention (Annexure P-/1).

(3.) On 8-2-1993, on the basis of a specific information, the Customs and Police Officers of Amritsar, laid a joint Naka at G.T. road near Ram Talai turning. At about 8-30 p.m. one Satbir Singh son of Lakha Singh was noticed coming on a grey coloured Bajaj Chetak Scooter (without registration number). After preliminary enquiry, the search of the scooter resulted into recovery of 119 gold biscuits bearing foreign markings and Indian currency of Rs. 6,49,200/-. The same were seized under the Customs Act under a Panchnama and seizure recovery memo dated 8-2-1993. The recovered gold was valued at Rs. 55,52,064/-. On 17-2-1993, in pursuance of a disclosure statement made by said Satbir Singh, six gold biscuits bearing foreign markings and Indian Currency worth Rs. 7,84,800/- were recovered from a tin which was buried in his field adjacent to his house.