JUGAL KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by a detenu who is under detention pursuant to an order dt/-18-3-1981 (Annexure-2) passed by the Government of Bihar in exercise of the powers conferred by sub-sec. (1) of S.3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, COFEPOSA) and confirmed by order dt/- 15-4-1986 (Annexure-1) after the receipt of the opinion of the Advisory Board ordering to keep him under detention for one year from the date of his arrest, i.e. from 26-1-86 to 25-1-87 is for issuance of a writ of habeas corpus aher quashing Annexures-2 and 1. The order of detention (Annexure-2) along with the grounds of detention in support of the aforesaid order dt/-18.3-1981 (Annexure-3) was served on the petitioner on his arrest on 26-1-1986.

(2.) The facts leading to the passing of the orders are as follows:- On 12-9-1980 Customs Preventive Officers of Raxaul having collected intelligence that two persons, one of wheatish complexion, tall and well-built and the other of fair complexion were coming from Nepal side with some contraband goods of third country origin secreted in their scooters, organised a party to check vehicular traffic at Ramgarhwa Railway Gumti. In course of checking, the petitioner with a scooter bearing No. BHQ-2748 was intercepted at 8.30 a.m. on 13-9-1980. Shortly thereafter, another scooter bearing BHQ-5722 driven by Gurdip Singh Arora was also intercepted at the aforesaid Gumti. At the first instance no contraband foreign goods could be detected from the possession of any of the aforesaid persons, but a slight loose fitting in the plates of petrol tanks of the scooters prompted the custom authorities to get the plates removed for further checking. The petitioner and Mr. Arora expressed their inability to remove the same. Thereafter they were brought to Raxaul with their scooters and the plates were removed by a mechanic, namely, Hasan and contraband foreign goods worth Rs. 42,473/- and Rs. 33,099/- were recovered from the cavities of scooter No. BHQ-2748 and BHQ5722 respectively in presence of independent witnesses and the Superintendent of Customs and seizure memo No. 176/80 dt/- 13-9-1980 was prepared. A report was also prepared by the Inspector of Customs (Preventive) Units, Raxaul. The petitioner in his statement and interrogation dt/-13-9-1980 admitted that he had gone to Birganj (Nepal) on 12-9-1980 and stayed at Diyalo Hotel and had purchased goods from Anupam Store, Sharwan Store and other shops and that he had put all the goods in the body of the scooter in the night and had left Birganj at about 7 hours in the morning of 13-9-1980 for India and was apprehended by the customs officials at Ramgarhwa Railway Gumti and subsequently contraband goods were recovered. He also confessed that he had smuggled goods from Birganj to Patna secreted in scooter BHQ-2748 and then to Delhi 7-8 times in the past and sold the contraband goods at Delhi through his brothers Ramswaroop and Kalu Ram. He has also stated that he had also smuggled from Birganj about ten days before and carried the same to Delhi. The petitioner identified his companion Mr. Arora as his brother-in-law (wife's brother) and had also confessed that he had initiated him into smuggling. The aforesaid facts are mentioned the grounds dt/-18-3-1981 (Annexure-3) which was served on the petitioner on his arrest on 26-1-1986.

(3.) Learned counsel appearing on behalf of the petitioner has challenged his detention on two grounds, firstly, that the petitioner could not have been detained on the solitary act and secondly that in pursuance of the order of detention dated 18-3-81 (Annexure-2) the petitioner was arrested in Jan. 1986 which shows that no genuine effort was made on the part of the authority to arrest him and the aforesaid facts show that the detention of the petitioner was not at all essential.