BALWINDER SINGH @ BILLA Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) BOTH these writ petitions are disposed of by this common judgment because the factual and legal aspects involved in both these matters are identical.

(2.) THE petitioners in both these cases came to be searched on 17.4.1995. On search of the car in which they were travelling, a quantity of 111 gold biscuits of foreign origin were recovered from the cavity of the door of the car. That gold was seized. The total weight of the gold was 12947.040 grams of 24 carat purity, valued at Rs. 62,14,579.20 paise. On 18.4.1995 petitioner Balwinder Singh made a statement before the Customs Officer that he used to indulge in smuggling activities since 1988. He also further indicated the participation of petitioner Jagjit Singh in the said activities. Similarly, petitioner Jagjit Singh made a statement on 18.4.1995, and 20.4.1995 before the Customs Officer and admitted his involvement in the smuggling of the gold biscuits. In view of this information collected during the statement of the two petitioners, a follow -up raid were conducted at the residential premises of Kashmir Singh of village Pallopati District Amritsar. He was, however, not found in the house and is still at large. In the course of investigation, the involvement of few other persons in the activities of smuggling also came to light and it appeared that it was an extensive racket by a gang. The petitioners were arrested on 18.4.1995 in connection with the offence mentioned above. They were duly produced before the Chief Judicial Magistrate, Amritsar, on 19.4.1995 who remanded them to judicial custody.

(3.) AT this juncture, it may further be mentioned that by detention order No.F -673/127/92 -Cus.VIII dated 4.8.1992, passed by the specially empowered officer of the Central Government, and by another order No.1/83/93 -3 III (COFEPOSA)/1509 dated 17.12.1993, passed by the Government of Punjab in respect of seizure of gold biscuits numbering 728 and 160, respectively, the petitioner Balwinder Singh was undergoing detention. It is stated at bar that out of these two detention orders, the detention order passed by the Government of Punjab was later on set aside in a civil writ petition. In respect of other detention order, dated 4.8.1992, a writ petition, No.813 of 1995 was filed before the Punjab and Haryana High Court. The Counsel was not in a position to state whether that writ petition was disposed of.