CHITTA RANJAN ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) By the Court. The Petitioner has filed the present writ application for quashing the order dated 1.4.1999, issued by the Special Secretary to the Government, Special Home Department, Government of Bihar, Patna, by which he has directed the Inspector-General of Police, Crime Investigation Department (for short CID) to serve the order and grounds of detention on the Petitioner and, thereafter, to detain him under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short COFEPOSA Act) as well as the order dated 3.4.1999, issued by the Deputy Inspector-General of Police (Prevention), CID, Bihar, Patna, to the Superintendent of Police, Jamshedpur, to carry out the direction given by the Special Secretary, Home Department. Copies of the said orders have been appended as Annexures 1 and 2, respectively.

(2.) Later on, the detention order dated 1.4.1999 as well as the grounds of detention were also annexed as Annexure 'B' to the rejoinder to the reply of the counter-affidavit filed on behalf of respondents Nos. 3 and 5 and, thereafter, the learned Counsel for the Petitioner prayed for quashing of the aforesaid order.

(3.) The facts necessary for disposal of the present writ application are that Jugsalai (Jamshedpur) PS Case No. 144 of 1998 was registered with regard to the theft of gold. During investigation, it was found that the said gold was lying with the Petitioner, who is a Jeweller of Golmuri and is also indulged in smuggling of gold. The Officer In-charge of Jugsalai P.S. was asked to contact the Petitioner as customer and he approached the Petitioner for the purchase of gold and after series of sittings, the deal was finalised and the Petitioner agreed to sell four gold bars on Payment of Rs. 3.5 lacs on 23.9.98 at 11.30 p.m. at his residence in Golmuri. The Incharge of Jugsalai Police Station, along with Sergeant Major visited the house of the Petitioner on the appointed date and the petitioner gave four gold bars and took cash and after that a raid was conducted under the leadership of the Superintendent of Police, Jamshedpur and four more gold bars lying in a fringe were recovered from the house of the petitioner. A seizure list was prepared in presence of the two independent witnesses and on the next date, the Petitioner, his son and the seized eight gold bars were handed over to the officers of the Customs Department. The Petitioner is also alleged to have made statement before the Customs Department that he was doing illegal trading of purchase and sale of gold of foreign origin and he did not produce any document before the Customs Department in support of possession of the gold bars.