Back
High Court Of Delhi
BHUPINDER SINGH - Appellant
Versus
UNION OF INDIA - Respondent
CRIMINAL APPEAL 124 of 1985
Decided On : 08/06/1985
PREVENTIVE DETENTION - COFEPOSA - DELAY IN PASSING DETENTION ORDER - UNEXPLAINED DELAY - DETENTION ORDER QUASHED - CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 - SECTION 3 (1) READ WITH SECTION 2 (F).
Fact of the Case:
The petitioner, a customs officer, was detained under COFEPOSA for allegedly being involved in smuggling activities. The detention order was passed five months after the investigations were completed and the complaint was filed in the criminal court.
Finding of the Court:
The court held that the delay in passing the detention order was unexplained and that the detaining authority had not considered the aspect of delay in putting up the case before it. The court also held that the petitioner was permitted to be at large for all that time and that the detaining authority should have applied its mind to the facts and circumstances of the case.
Issues: Whether the delay in passing the detention order was unexplained and whether the detaining authority had considered the aspect of delay in putting up the case before it.
Ratio Decidendi: The court held that the delay in passing the detention order was unexplained and that the detaining authority had not considered the aspect of delay in putting up the case before it. The court also held that the petitioner was permitted to be at large for all that time and that the detaining authority should have applied its mind to the facts and circumstances of the case.
Final Decision: The court quashed the impugned order of detention and directed that the petitioner be set at liberty forthwith.
( 1 ) THE petitioner, Bhupinder Singh, challenges the legality of the detention order passed by the Administrator of the Union Territory of Delhi on 26th April, 1985, in exercise of the powers conferred on him by section 3 (1) read with section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein called the Act ), with a view to preventing the petitioner from smuggling goods into India and also with a view to preventing him from engaging in ransporting, concealing and keeping smuggled goods. By virtue of the said order the petitioner is detained in Central Jail Tihar, Delhi. The grounds of detention also dated 26th April, 1984 were served on the petitioner, on 4th May, 1985.
( 2 ) IT is mentioned in the grounds of detention that the Directorate of Revenue Intelligence had received information during the months of March/ April, 1984 that a gang of smugglers was indulging in smuggling of contraband goods through the Central Warehousing Corporation, Gurgaon Road, New Delhi, with the connivance of officers of customs posted there. The petitioner was one of those officers. A specific intelligence was gathered by the officers of the Directorate of Revenue Intelligence to the effect that 18 packages containing contraband goods concealed in trunks and cardboards which contained air-conditioners, televisions. Videos, had been forwarded from Singapore to New Delhi vide consolidated Airway Bill No. 074-974885 in the name of M/s Air Freight Pvt. Ltd. , Second Floor, Ansal Bhawan New Delhi, Those packages had arrived at Delhi Airport on 22nd April, 1984, and were deposited in the Central Warehousing Corporation, Gurgaon Road. Those were to be cleared with the connivance of the officers of the customs posted at the said Warehousing Corporation without payment of duty or with huge evasion of customs duty. On 9th May, 1984, 16 packages out of the 18 packages were found available there. Those were opened and contraband goods valued at Rs. 8,24,950. 00 were recovered therefrom. Those were seized under the provisions of the Customs Act, 1960. It was discovered that delivery of two of those 18 packages had already been taken by one Swinder Singh on 2nd May, 1984. On search of his residential premises on 10th May, 1984, goods valued at Rs. 18. 900. 00 along with highly incriminating documents showing transactions of sale proceeds of smuggled goods were recovered. The said Swinder Singh was arrested. Searches were also conducted at the houses of the other members of the gang, which resulted into recovery of foreign currency and incriminating documents.
( 3 ) IN his statement one of the members of the gang, Ashok admitted that on three earlier occasions with the connviance and help of Bhupinder Singh, the petitioner, who was employed as Inspector of Customs, goods were got cleared by paying nominal duty.
( 4 ) THE petitioner was suspended from service on 28th June, 1984. Thereafter, a show-cause notice was served on him by the Collector of Customs on 6th November, 1984. On 29th November, 1984, a complaint was filed for offences under section 135 (1) and section 1 of the Act read with section 120-B of the Indian Penal Code by the Collector of Customs against the petitioner and his co-conspirators in the Court of Additional Chief Metropolitan Magistrate, New Delhi. During the pendency of the trial the impugned detention order was passed on 26th Aparil. 1985. It is the case of the petitioner that the was arrested on 1st May, 1985, and was lodged in Central Jail Tihar. The grounds of detention were served on him on 4th May, 1985. On 18th May, 1985, the petitioner sent a representation through the Superintendent of Tihar Jail requesting for supply of copies of some documents which, according to him, had been relied upon by the detaining authority. Representations were also sent to the Central Government and to the Advisory Board seeking setting aside of the detention order on 23rd Ma
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
