NIRMAL DAS Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Nirmal Das son of Shri Chain Ram has filed the present petition under Article 226/227 of the Constitution of India for the issuance of a writ, directing the respondents to release him from illegal detention in Central Jail, Patiala, in pursuance of the order dated 5th March, 1997 passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1977 (Annexure P 1) passed by respondent No. 1 by setting aside the said order.

(2.) The case set up by the Union of India is that the petitioner has made a confessional statement dated 13th August, 1996 under Section 40 of the aforesaid Act, inter alia stating that he did not have any passport; he never visited abroad; that while posted as Assistant Manager, Vijaya Bank, Jalandhar, he used to distribute Indian currency amongst various persons after getting instructions from Belgium. It is further alleged against the petitioner that the officers of the Enforcement Directorate searched his residential premises and seized a sum of Rs. 4,10,000/- and one diary containing written pages 1 to 46. On interrogation the petitioner admitted that he was engaged in the business of receiving/making payments to different persons in India under the instructions of his brother-in-law Shri Gurdial Ram, presently residing in Belgium. It is, further alleged against the petitioner that he distributed Rs. 3,10,000/- to Sarvshri Daler Singh Cheema, Subedar Joga Singh, Pala Singh and Nagra in the Indian currency and this fact is verified from the diary which was recovered from the possession of the petitioner. With these broad allegations the Union of India has come to the prima facie opinion that the activities of the petitioner were prejudicial and for that reason his detention has become necessary.

(3.) Notice of the petition was given to the Union of India, which has filed reply and denied the allegations. In para No. 5 of the written statement it is stated by the Union of India that the petitioner suffered confessional statements on 13th and 14th August, 1996 and in these statements the petitioner had admitted, inter alia, that he was doing the business of receiving-the making payments to different persons in India on the instructions of his brother-in-law Shri Gurdial Ram residing in Belgium. Moreover, in the statement made by his sister, she has corroborated these facts. The diary which was seized from the possession of the petitioner, fortified the allegations of the Government. It has also been stated by the Government of India that the last document being relied upon is dated 6th February, 1997 and in these circumstances the detention order has been passed without any delay.