PREMLATA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who is the wife of detenu Dhaniya Kumar Jain alias Dhanraj Jain, has filed this petition under Article 226 of the Constitution of India for issuance of a writ of habeas corpus to set aside the order of detention passed on 17-5-1989 and served on the detenu on 29-6-1989 with a direction that the detenu be set at liberty. The order is made by Shri A. K. Batabyal, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, who is made respondent No. 1 in the petition. The order has been passed under Section 3 (i) and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu is lodged in the Central Jail, Indore and the Superintendent of the Central Jail has also been made as respondent No. 4.

(2.) ACCORDING to the petitioner, on 3rd April, 1989 the detenu was arrested by the Officers of the Excise Department from his residence for alleged complicity in the offences under Section 85 of the Gold Control Act and Section 135 of the Customs Act, 1962.

(3.) ACCORDING to the case of the Central Excise and Customs Department they had received information that the detenu and his son were dealing in foreign marked gold biscuits and that they have received some foreign marked gold biscuits and have agreed to deliver them to one Ramkumar Agrawal on 3-4-1989 near the Rajani Building, M. G. Road, Indore. A surveillance was kept near the Rajani Building. At about 9. 15 hours on 3-4-1989, a person was seen in the Maruti car bearing registration No. CIF 1529. He was given a signal to stop, but he did not stop. The car was chased and was intercepted near 2/1 New Palasia, Indore. The occupant of the car gave his name as Ram kumar Agrawal and a small bag was found kept between the two seats in front portion of the car. Ramkumar Agrawal was interrogated in presence of the witnesses about the possession of contraband gold, which he denied. Therefore, the car was taken to the Office of the Central Excise and Customs at Manik Bagh Palace, Indore, where a thorough search of the car was made. The search resulted in recovery of 52 foreign marked gold biscuits weighing 6. 065 kgs and of 24 carat purity, valued at Rs. 18,20,000/ -. The car was seized and the statements of panchas were recorded. A panchnama was also prepared. The statement of Ramkumar Agrawal was also recorded under Section 108 of the Customs Act, wherein Ramkumar Agrawal revealed that he had received the biscuits from detenu's son, one Mukesh Jain. The residence of the detenu was searched from where silver weighing 30. 130 kgs, valued at Rs. 1,80,000/- and Indian currency of Rs. 1,45,000/-along with some incriminating documents were recovered. The detenu was also examined by the Department under Section 108 of the Customs Act. In his statement on 3-4-1989 the detenu admitted that his son Mukesh Jain helps him in his business and he had purchased 10 foreign marked gold biscuits 12 or 13 days ago from one Sagarmal Jain of Bombay and had paid Rs. 3,45,000/- to this person and that he had sold the 10 foreign marked gold biscuits in the retail in the market. On 3-3-1989 also he had received 18 silver bars from Sagarmal Jain of Bombay and he had asked him to send 54 foreign marked gold biscuits at the rate of Rs. 34,500/- per biscuit, the same were received on 3rd April, 1989. He is also alleged to have admitted that he had received Rs. 70,200/- for the sale of two foreign marked gold biscuits from one Rakesh Jain on 31-3-1989. It was also allegedly admitted that on 1-4-1989 his son Mukesh Jain had a talk with Ramkumar Agrawal about the sale and purchase of 52 foreign marked gold biscuits in the presence of the detenu. This talk was telephonic. It has further been alleged that the detenu admitted- that he received 54 foreign marked gold biscuits upon which his son Mukesh Jain informed Ramkumar Agrawal to take delivery of the 54 foreign marked gold biscuits near Suvidha Petrol Pump, Indore. Thereafter Mukesh Jain went to the Suvidha Petrol Pump in the car bearing registration No. CPO 340 to deliver the contraband and the payment for 54 foreign marked gold biscuits was to be received by the evening. On 4-4-1989 the detenu further admitted that Sagarmal Jain resides at Bombay and his telephone number was also mentioned by him.