GURVINDER SINGH Vs. UNDER SECRETARY

JUDGEMENT

(1.) By means of this petition under Article 226/227 of the Constitution of India, Gurvinder Singh petitioner seeks quashing of detention order Armexure P.1 passed under Section 3 of COFEPOSA Act, 1974 (hereinafter referred to as Tthe Act). The challenge has been made by the petitioner at the pre-execution stage.

(2.) The grounds on which detention of the petitioner has been ordered may be taken from. Armexure P.2 and summarised as follows: On August 16, 1991 working on a specific information, the Customs and BSP Staff, Amritsar, held a naka near village Waryam Nangal on Amritsar. Batala Road. One of the parties was sent towards Gurdaspur for keeping surveillance on green colour scooter PTA 7677 to ensure that the culprits may not divert their route from Batala. On seeing the suspected scooter coming towards Amritsar, the surveillance party rushed back immediately. At about 10.30 hours, a green colour scooter was observed by the naka party coming from the side of Batala. Tt was signaled to stop. Kanwaljit. Singh, the brother of the petitioner, was driving the scooter while the petitioner was riding the pillion seat. The Petitioner fired from his pistol but was over-powered by the Customs and BSP Staff. The pistol was snatched from him. Case F.T.R. 97 dated August 19, 1991 under section 307/34 of the Tndian Penal Code and 25 of the Arms Act read with section 110 of the Customs Act was registered against the petitioner and his brother Kanwaljit Singh. After verifying their addresses, two independent witnesses were called and the rummaging of the scooter was carried out leading to the recovery of 196 gold biscuits of foreign origin concealed beneath the petrol tank. From further search, six live cartridges of. 30 bore pistol and a pistol of the same bore were recovered from the petitioner. The petitioner and his brother had no licence for keeping the gold or the arms and ammunition. The gold was got tested and found to be of 24 ct purity weighing 228661.440 grams valued at Rs. 9373190/-. On interrogation, the brother of the petitioner disclosed that he and the petitioner had gone by bus at a point on Qadian road and a man namely Nishan Singh alias Gurpreet Singh came on scooter PTA 7677 belonging to his brother and handed over the same to them and told them that 196 gold biscuits of foreign markings had been concealed beneath the petrol tank. During interrogation the circumstances were also disclosed in which they had come in contact with Nishan Singh. The petitioner had been released on bail by the judicial court on November 26, 1991. The detention was necessary for preventing him from indulging in prejudicial activities in future.

(3.) The petitioner has challenged his detention on the grounds that there was inordinate delay in passing of the detention order-Armexure P.1. The prejudicial activity was dated 16th August, 1991, while the detention order was passed on 3rd of February, 1992 after lapse of about six months.