TEJINDER SINGH MAKKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant is aggrieved by order of the learned Single Judge dismissing the writ petition against the order of detention dated 5.3.2004 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, "the Act").

(2.) WRIT petition challenging the said order was filed on 13.8.2007 at pre- detention stage. It was mentioned that investigation was conducted by the Directorate of Revenue Intelligence, Ahmedabad (DRI) as to the allegation of duty evasion by various 100% Export Oriented Units (EOU) by indulging in clandestine removal of duty free imported and indigenous raw materials without payment of duty. Statement was made by one Roopchand Jain on 4.12.2000 indicating involvement of the petitioner in illegal activities in supplying forged Advance Licences/AROs on commission basis. Statement was also made by one Hastimal Jeevraj Jain on 4.1.2001 that he was introduced to the petitioner by Roopchand Jain for doing this illegal business. Statement of the petitioner was recorded by DRI on 11.5.2001, wherein he was said to have admitted his role in the racket. Notice was issued to the petitioner proposing to arrest him. Thereafter, the matter of preventive detention of the petitioner was taken up on a proposal from the DRI. The petitioner was arrested by the custom officials on 30.9.2003 and was produced before the Court of Additional Chief Metropolitan Magistrate, Ahmedabad. Thereafter, the impugned order of detention was passed, which was never executed.

(3.) CONTENTION raised on behalf of the petitioner was that since he apprehended execution order of detention at Ludhiana, the petition was maintainable in this Court.