TARSEM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER Tarsem Chand, resident of House No. 229, Gali No. 2 Tahsilpura, Amritsar, was detained pursuant to the order of detention dated March 5, 1988, Annexure P. 1, issued by the Joint Secretary to the Government of India, under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (as amended ). While the petitioner was in jail, the Central Government passed the detention order against the petitioner under COFEPOSA Act on March 5,1988. The grounds given in the detention order Annexure P. 1/a are as under : "1. That you Tarsem Chand mentioned above is employed as a vendor by M/s. Mehta Bishan Das and Son. On 11-2-1988, one Pak National named Mohd. Akram who used to come earlier also and who was known to you came by Dclhi-Attari Special Train and handed over to you one polythene bag containing two bottles of scotch whisky (Johney Walker Red Label) and asked you to take care of three bags containing real pearls, Emeralds, real pearl setting, synthetic stones and jerkins etc. You bargained with him and agreed to keep the polythene bag containing two bottles of whisky and to take care of three bags kept near your Rehri. You, as admitted by you in your statements dated 11-2-1988 and 12-2-1988 had bargained with Shri Mohd. Akram to keep three bags and one Lefafa as mentioned above, in safe custody and to hand over to Shri Mohd. Akram and his helper Jamshed Alam as the train would leave the platform for a sum of Rs. 1500/ -. The Asstt. Collector Customs, Attari Rail noticed one polythene bag kept by you under your feet (at your Rehri ). On enquiry, you told that this packet had been kept by Mohd. Akram a Pak national who usually comes to India and you identified him. You further admitted that you had agreed to keep the polythene bag and three bags in safe custody for Rs. 1500/ -. On demand, you as well as Mohd. Akram and his helper Jamshed Alam failed to produce any document for legal export of these goods and, therefore, the goods were seized under Section 110 of the Customs Act, 1962, on a reasonable belief that you were abetting Mohd. Akram and his helper Shri Jamshed Alam in attempting to export these goods out of India illegally in contravention of the provisions of Clause 3 of Export Control Act, 1947, issued under Section 3 (2) of the Imports and Exports Control Act, 1947, read with Sections 11 and 77 of the Customs Act, 1962.

(2.) THAT two experts from Amritsar were called for valuation of aforesaid goods. Both the experts examined the goods in your presence as well as the owner of the goods Mohd. Akram and his helper Jamshed Alam and two independent witnesses and they opined that these goods were real pearls, emeralds, real pearl settings, synthetic stones and jerkins etc. collectively valued at Rs. 5,14,257/ -. These goods were again repacked and sealed in your presence and two independent witnesses.

(3.) THAT in your statement dated 11-2-1988 and 12-2-1988 you admitted that you had bargained with Shri Mohd. Akram to accept Rs. 1500/- to keep in your safe custody one polythene bag and three bags containing real pearls, foreign made liquor, synthetic stones etc. which were meant to be for illegal export out of India.