ANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Habeas Corpus petition has been filed by Anwar Singh, against his detention order Annx. 1 dated 17/06/1993, whereby he has been ordered to be detained for a period of one year, on account of his involvement in smuggling activities, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), under Sub-Section (1) of Section 3 of the aforesaid Act.

(2.) Annexure 1 dated 17-6-1993 and Annexure 2 dated 17-6-1993, along with its enclosures, were issued in exercise of powers conferred on the Principal Secretary. Home Department, under Sec. 3(1) of the Act of 1974 (COFEPOSA).

(3.) The detention has been challenged on the following grounds : a) It is alleged that the detention order was passed on 17-6-1993, On 29-3-1994, the petitioner was detained in a case under the Narcotics, Drugs and Psychotropic Substances Act. The detention order, which was passed on 17-6-1993, was served on the petitioner on 29-4-1994, that is nearly ten months after passing of the detention order, although the petitioner was always available for the service of the detention order. The grounds for detention, alleged, are that on 29-4-1992 when the petitioner alongwith one Kuldeep Singh son of Jabar Singh were going by a Jonga Jeep they were stopped near Harsani village. The number of Jonga Jeep was RNJ 7329. There was information that contraband silver is being carried in this Jeep. However, on search, no incriminatory material was found. As the information was definite and categorical, the Jeep alongwith these two persons was carried to Police Station, Sadar, Barmer and, there it was thoroughly searched. On thorough search, two secret cavities were detected on both sides of the chasis of the Jeep. In one of the cavities, 49.590 kilograms of contraband silver in square slabs, 43 in number, was found. Nothing was found there in the second cavity. The Jeep, alongwith the silver was seized because the occupants had no valid Licence with them for carrying that silver, It has been stated in the statement of these two persons that silver was delivered to them by Ajju Musalman of village Khara (Pakistan), which is a violation of Section 7(C) and Sec. 11 of the Customs Act, 1962, Import and Export (Control) Act, 1947 sub-scetions (1) and (2) of Section 3 and further it is in violation of Section 13 and 67 of the Foreign Exchange Regulation Act, 1973. Be that as it may, the petitioner's case was produced before the Chief Judicial Magistrate (Economic Offences), Jaipur on 30-4-1992. His bail application was rejected by learned Chief Judicial Magistrate on 2-5-1992 but he was released by learned Sessions Judge on 6-5-1992. During the period when the petitioner was in judicial custody, that is from 22-4-1992 to 6-5-1992, a raid was conducted at his house situated in village Satto in district Jaisalmer and 1 kilogram wet opium was found from his house and some other incriminating documents were also found which related to some illegal transaction. About this recovery of opium, challan was filed against him under the Narcotics, Drugs and Psychotropic Substances Act, in which he was arrested and put in custody on 29-3-1994 and, ultimately, this detention order dated 17-6-1993, was served upon the petitioner on 29-4-1994. There, he was not allowed to meet his relatives and he then contacted his counsel Shri R. K. Purohit, Advocate. The papers were handed over to him and immediately after then representation was made but it was rejected.