ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By these habeas corpus petitions the petitioners have challenged the detention orders of Chandan Singh (Ann.1) dated 23.11.1992; Hadwant Singh (Ann.1) dated 23.11.1992; and Kunda Khan (Ann.1) dated 24.11.1992 and prayed that these orders be quashed and detenues be released. Since all these petitions are arising out of common facts, therefore, for the sake of convenience, we dispose of them by this common order.

(2.) The brief facts of the case in Petition No. 3159/94 are that petitioner is real brother of detenu Chandan Singh. In pursuant to search warrant issued by Superintendent, Customs Department on 13.3.92, the Customs Inspector, Chauhtan recovered 271 silver ingots. The same were found in three gunny bags. These gunny bags were dug out from underneath the earth. Digging was done in front of the gate of Bada of one Sawai Ram son of Shri Jetha Ram Suthar, resident of Sutharon ki Dhani, village Kelnore, District Banner. During interrogation, Sawai Ram has given statement, he gave out that the silver had been dumped there by Chandan Singh, Hadwant Singh and Kunda Khan during the intervening night of 11th and 12th March, 1992.

(3.) On 13.3.1992, the house of Chandan Singh was searched by Customs Authorities. Nothing objectionable was found. On 14.3.92, his statement under sec. 108 of the Customs Act was recorded wherein he has admitted the fact of bringing silver from Pakistan into India. On 15.3.92, he was produced before the Special Court of Chief Judicial Magistrate (Economic Offences), Jaipur. On 16.3.92, an application has been moved for bail. Chandan Singh was released on bail on 3.4.92 by this Court. On 13.5.94, he was taken in custody by an order under sec. 3 of the COFEPOSA Act, 1974, which was passed by respondent No.2, on 23.11.1992. The relevant documents were served on him which were supplied to him alongwith the grounds of detention, and the petitioner has filed this petition on behalf of the detenu Chandan Singh to file habeas corpus petition on behalf of him.