SAWAI SINGH Vs. STATE OF RAJ. & ORS.

JUDGEMENT

(1.) By this habeas corpus petition, the detenu has challenged the detention order dated 19.5.1992 (Ann. 1) and prayed that the detention order Ann. 1 be quashed and detenu Jalam Singh be released. The detenu Jalam Singh is a resident of Village Khabdala, Tehsil Shiv, District Banner.

(2.) On 2.10.91, a Jonga bearing registration No. RJ-19C- 0841 was stopped by Customs Authorities near the outskirts of Shiv township. Jonga was at that time being driven by one Khushal Singh. The vehicle was taken to police station and on search, 531 ingots of silver weighing about 590 kgs. was found. The Customs Authorities suspected that it was smuggled silver and confiscated the same U/s. Ill of the Customs Act, 1962. The detenu claimed that he has been falsely implicated by one Doongar Singh and Imam Khan, who are indulged in the smuggling activities. The concerned Jonga jeep was driven by one Khushal Singh, who has made false statement against detenu. Similarly, one Sawai Singh son of Khem Singh also gave statement under section 108 of the Customs Act implicating the detenu. Consequently, the detenu was arrested under section 135 of the Customs Act and on his arrest, his false statement has been recorded wherein he had allegedly confessed his part in smuggling the silver. On arrest of Khushal Singh, driver of detenu, they applied for bail. The bail application was rejected. The third accused Sawai Singh was granted anticipatory bail by the Sessions Judge, Jaipur City, Jaipur. On release of Jalam Singh, Sawai Singh has sent a letter to Customs Collector stating therein that detenu (Jalam Singh) has nothing to do with the alleged smuggling of silver. He had not given any statement under section 108 of the Customs Act. He had no connection or concern with the Jonga Jeep No. RJ-19-C- 0841. On 14.8.94, the detenu was admitted in the Trinity Hospital, Jodhpur. He remained there upto 6.9.94. During his stay in the hospital, he came to know about the impugned detention order which had been passed against him and on 6.9.94, he sent a telegram to Chairman, Advisory Board about his intention to surrender before the Customs Department at Jodhpur on 7.9.94. On that date, he has surrendered before the Customs Authorities.

(3.) He has challenged the detention order on the ground that there was no material to pass detention order against him. There is no recovery of smuggled goods or any contraband articles from the house of detenu.