OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner Om Prakash has questioned the legality and validity of the order of detention made on 21st August, 1989 by Horn (Special) of the State Government under Section 3 (i) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short Cofe Posa Act), the order of confirmation dated 13-12-1989, communicated to the petitioner on 15-12-1989 where by and whereunder, he has been ordered to be detained from 19-9-1989 to 18-9-1990 and accordingly, the petitioner seeks a writ of habeas corpus.

(2.) It is stated, inter alias that the petitioner, a co-owner of a truck, had gone to Siliguri, left the truck in the custody of the driver Sukhbir Singh and had gone to Mering for sight seeing. The driver was directed to book another cargo for return journey, who accordingly contacted Transport agent for another cargo and truck was loaded with the bundles of empty gunny bags for Bombay. On his return from sight seeing he found his truck loaded and the consignment papers were received by the driver. The petitioner had at that stage no knowledge about the mischief having been done by the loading agent. On way, the truck was intercepted on 7-2-1989 and checked by the Custom Officials of Khagaria when only he could know that in the guise of bundles of gunny bags, contraband materials of polyster texterise yarn worth Rs. 5,70,000/. were loaded in the truck. The petitioner was accordingly arrested and taken to custom office, Khagaria where he was made to sign on several blank papers and thereafter, forwarded to judicial custody on 9-2-1989 and he was remanded to Central Jail, Muzaffarpur by the order of the Chief Judicial Magistrate, Muzaffarpur.

(3.) Subsequently, a criminal prosecution was started against him in the special court (Economic Offence) Muzaffarpur in Custom Case no. 13 of 1989 and his prayer for bail was rejected by the Special Court, where upon he filed another bail application in the court of Sessions Judge, Muzaffarpur which also received the same fate. The petitioner against that order, moved this Court in Cr. Misc. No. 6877 of 1989 and the same was dismissed on 17-7-1989 with some observations.