PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE District Magistrate. Amritsar, passed the detention order Annexure P-3 dated 2-1-1988 under section 3(2) read with section 3(3) and section 14-A of the National Security Act, 1980, as amended uptodate, against the petitioner with a view to preventing him from acting in manner prejudicial to the security of state and maintenance of public order and interference with efforts of Government in coping with the terrorist and disruptive activities. Under that order it was directed that the petitioner be arrested and detained in Central Jail, Amritsar where he was at that time lodged in judicial custody in cases registered against him. The petitioner was said to be taking steps to get himself released from custody and there was every likelihood of his being set at liberty and in that event, he was likely to indulge in prejudicial activities, as he was prima facie having propensity towards such activities, it was felt that there was a compelling necessity to pass the said detention order. Thereafter another detention order Annexure P-1 dated 11-3-1989 was passed by the Under Secretary, on the ground that the petitioner has been engaging in concealing, keeping or dealing with smuggled goods and therefore, it became necessary to make an order for detaining the petitioner. This order was passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The grounds of detention in support of Annexure P-1 are given in Annexure P-2. One of the grounds is that the officers or the Directorate of Revenue Intelligence, Amritsar searched the residential premises of the petitioner on 21-6-1989 and as a result of the search, 50 gold biscuits of ten tolas each, bearing foreign markings and of the value of Rs. 15,94,505/- were seized by the officers in the reasonable belief that the same were liable to confiscation- under the Customs Act, 1962. The petitioner could not produce any evidence for lawful possession and the scooter so used for transporting the smuggled biscuits was also seized.

(2.) GROUND No. 2 is that residential premises of Pargat Singh were searched on 22-6-1987, but nothing incriminating was recovered.

(3.) GROUND No. 4 was that Smt. Harjit Kaur wife of Sukhdev Singh had inter alia stated that on 21-6-1887 the seized 50 gold biscuits were recovered, as stated above. She did not know from where Pargat Singh had brought those.