RAJINDER NANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, Rajinder Nanda, a resident of New Mandi, Mandi Adampur, District Hissar, in the State of Haryana, has filed this Criminal Writ Petition under Article 226 of the Constitution of India, seeking the quashing of order of his detention passed by respondent No. 2 (Shri Mahendra Prasad Joint Secretary to Government of India, Ministry of Finance, Department of Revenue, New Delhi), (in short to be referred as the "DRI) under Section 3(1) of COFEPOSA Act, 1974.

(2.) THE brief facts of the case are as under: A search of the shop No. 138, Lajpat Rai Market, New Delhi as well as residential premises situated at first floor of E-133, Masjid Moth Greater Kailash-III, New Delhi, belonging to one Madan Lal Girdhar was conducted on 30-8-1993 by the officers of the Directorate of Revenue Intelligence, Delhi Zone Unit, New Delhi, which yielded in the recovery of 8000 pieces of LCD Modules (Watch Parts) from the aforesaid shop and 1,90,000 pieces of LCD Modules, all of foreign origin, which were recovered from the residential premises of said Madan Lal Girdhar. At the time of raid, Madan Lal Girdhar was not present at his residential premises as well as his shop. No documents regarding the valid and legal import/possession of the said goods could be produced before the raiding authority. The aforesaid LCD Modules of foreign make were seized under the Customs Act. One Maruti car bearing registration No. DL-2 CE-1143 was also seized under the said Act. As per allegations of the respondents, these modules were smuggled and the said Maruti car was used for transportation of the smuggled goods. An enquiry was conducted regarding the said LCD modules and it was found that the consignment was imported vide AIR Way Bill No. 160/83260030 in the name of M/s Modern Time Industries, E- 137, Industrial Area, Bhiwadi, Rajasthan and was duly cleared by Bombay Customs under Bill of Entry No. 8310 dated 24.8.93 on the basis of a declaration given by the importer that the said goods had been imported under Other Than Negative List (OGL). The search in the factory premises was made on 3.9.1993 and it was found to be belonging to one Harbhagwan Wadhwa, resident of D-58, Amar Colony, New Delhi. His residential premises were also searched on 3.9.93 and 25.1.1994. The search, however, did not yield recovery of any incriminating article/document. It is alleged that the residential premises of various other persons, like Madan Lal Arora, Basant Aggarwal, Vinod Aggarwal were also searched on 27.1.94, but nothing incriminating was found.

(3.) NOTICE of motion was issued to the respondents. The written statement in the shape of affidavit of Somnath Pal, Joint Secretary, Govt. of India, Ministry of Finance, Department of Revenue, has been filed, alleging, inter alia, that no cause of action arose to the petitioner in the territorial jurisdiction of this Court. It has also been mentioned that the writ petition is liable to be dismissed only on the ground that it is not maintainable at the pre-execution stage and a reference has been made to the judgment of the Apex Court and relevant extract of the judgment has been reproduced in para 2 of the reply, which may be mentioned for the sake of better appreciation :-