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1987 Supreme(Del) 406

High Court Of Delhi
BAL CHAND BANSAL - Appellant
Versus
UNION OF INDIA - Respondent
CRIMINAL APPEAL 219 of 1987
Decided On : 10/29/1987

Advocates Appeared:
B.L.VALI, KAPIL SIBAL, P.Mishra, R.C.CHAWLA, R.M.Bagai, S.K.DUBEY, S.K.MISHRA

Headnote:(i). Constitution of India, 1950 -Article 21(5) -Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 -Section 3 -Order of detention-Challenged on the ground of non-application of mind -The advice of the screening committee was placed before the detaining authority- Detaining authority passed the order after considering the material placed before him - The question as to whether the material which was placed before the screening committee was the same as before the detaining authority is irrelevant-No bar for the detaining authority to take assistance of the screening committee-Order is valid.

       (ii) Constitution of India, 1950 -Article 22(S) -COFEPOSA Act-Sections 3(1) and 5A Judicial review -Principles on the basis of which the validity of the subjective satisfaction can be subjected to judicial scrutiny.

       (iii) Constitution of India, 1950-Article 22 (S)-COFEPOSA Act-Section 3-Detention order on the ground that the petitioner was indulging is un-authorised transactions in foreign exchange in violation of the provisions of the FERA which affected the foreign exchange resources of the country adversely-The awareness of the detaining authority of the fact that the petitioner was in jail and his bail application was pending hearing - However compelling necessity for passing the order of detention-Order is valid.

       Result-

       Petition dismissed.

       

D. P. WADHWA, J.

( 1 ) THE petitioner a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short the Act ), seeks to have the order of detention quashed and also issuance of a writ of habcas corpus directing the respondents to produce the petitioner and then to set him at liberty.

( 2 ) THE petitioner was arrested on 3-4-1987 for offences under the Foreign Exchange Regulation Act 1973 and produced before the Additional Chief Metropolitan Magistrate, New Delhi, who remanded him to judicial custody up to 13-4-1987. The impugned order of detention was made on 13-4-1987 with a view to preventing the petitioner from acting in any manner prejudicial to the conservation of foreign exchange. In the order of detention the petitioner has been described as Bal Chand @ Bal Chand Bansal @ Bal Chand Aggarwal @ Bal Chand Rajgarhia. The petitioner was detained in pursuance to the order of detention on 13-4-1987 itself while he was in judicial custody. He was also communicated the grounds of his detention as required under sub-s. (3) of S. 3 of the Act. He was told that if he wanted to make a representation against his detention to the detaining authority or to the Central Government, he could do so. He was also told that if he desired to make a representation to the Advisory Board that also he could do and further that he would be heard by the Advisory Board in due course. Hearing before the Advisory Board took place on 30-4-1987. The petitioner was present with his two counsel. The Advisory Board sent its report dated 21-5-1937 with covering letter dated 3-6-1987. It was of the opinion that there was sufficient cause for the detention of the petitioner. Meanwhile, the present petition was filed on 2-5-1987.

( 3 ) THE grounds of detention are in the narrative form and may be briefly referred to. Deputy Director, Enforcement Directorate, received secret information on 27-1-1987 that certain firms were engaged in import of goods from places outside India and had remitted huge funds abroad against import documents received from Hongkong and Singapore but no corresponding imports in fact took place. Enquiries revealed that five firms were involved in clandestinely remitting of the funds aboard. These were :

(A) M/s. North Eastern Electronics, (Prop. Shri P. K. Ao), 6687, Kila Kadam Sharif, Nabi Karim, Paharganj, New Delhi:

(B) M/s Hill Electronics, (Prop. Shri Bandai A. O. @ B. K. Ao), 6687, Kila Kadam Sharif, Nabi Karim, Paharganj, New Delhi.

(C) M/s Beam Trading Co. , (Prop. Shri Choth Mal), A-2l0, Azadpur, New Delhi. .

(D) M/s International Imperial Co. , (Prop. Shri Vinay), 521, G. T. Karnal Road, Delhi.

(E) M/s Asia Commercial Co. , (Prop. Shri Vinay), 521, G. T. Karnal Road, Delhi. The addresses of the last two firms were changed to M-1a, 12-13 Mukherjee Nagar, Delhi, as per the records of Vijaya Bank, Karol Bagh, New Delhi. Enquiries showed that none of these firms existed at the addresses given to their bank, namely, Vijaya Bank, nor the persons who were shown as proprietors were traceable. During the course of further enquiries, information was received that one Sita Ram Aggarwal was connected with M/s North Eastern Electronics and M/s. Hill Electronics, and was handling the affairs of these two firms. On 20th February 1987 residential premises of Sita Ram Aggarwal at Kamla Nagar and his business premises at Basti Harhpool Singh were searched and certain documents recovered.

( 4 ) STATEMENT of Sita Ram Aggarwal was recorded on the same day. He Slated that he knew the petitioner. In 1985, while in Delhi, the petitioner asked him to open a few firms in which the petitioner would bedepositing Indian currency, through Sita Ram Aggarwal and petitioner would be sending documents from Hongkong and Singapore which Sita Ram Aggarwal would take to the bank and the bank, in turn, would remit the money in respect of those documents to Hongkong and Singapore. It is the admitted case that the petition

























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