KUMAR AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this petition under Art. 226 of the Constitution of India for the issuance of a writ of certiorari for quashing detention order No. 1/58/95/CH/III(Cp) 1533, dated 29-9-1995, passed under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called 'the COFEPOSA') by the Secretary, Government of Punjab, Department of Home, and for the issuance of a direction to the respondents not to arrest the petitioner during the pendency of the case.

(2.) This petition arises out of a search of the residential premises of the petitioner conducted by the Customs Officers on 29-3-1995, as a result of which 6 gold biscuits of 10 tolas each bearing foreign markings andconsiderable foreign currency including Indian currency, were recovered. The statement of the petitioner was recorded under Section 108 of the Customs Act. He was arrested under Section 104 of the Customs Act, was produced before the Judicial Magistrate and was remanded to judicial custody. He was successful in obtaining bail on 12-6-1995 from this Court. Thereafter the Customs Department moved an application for custody of the petitioner for the investigation of the case but ultimately the petitioner secured bail from this Court on 12-6-1995. According to the averments in the petition, a detention proposal was made by the Assistant Commissioner of Customs (date not given) and a show cause notice was also issued to him. In pursuance of the said proposal, a detention order dated 29-9-1995 has been issued.

(3.) The petitioner has challenged the detention order at the pre-execution stage on the grounds that he was not involved in any illegal activity, that the department knew very well that he had been released on bail, that thereafter only with a mala fide intention of keeping the petitioner in jail the impugned detention order has been passed. It has been further stated that the detention order has been passed for extraneous reasons and after a considerable delay in passing the order in execution thereof.