SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSATION against the detenu-petitioner Swaran Singh obtaining in the order of detention, Annexure P-1 dated January 23, 1989, based on grounds of detention, Annexure P-1/A is that he has been abetting the smuggling of contraband gold. The acts constituting abetment set out in Annexure P-2 are his presence at the tubewell when the arrival back (return) of Virsa Singh was being awaited by other co-accused and on his having agreed to participate in the transportation of consignment up to defence drain.

(2.) DETENU -petitioner has challenged the order of his detention, Annexure P-1, passed under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on the grounds (i) that he was not concerned with the importation, exportation and transportation of smuggled goods nor did he indulge in smuggling of goods to and from the borders of the State nor did he contravene the prohibitions imposed thereon under the COFEPOSA Act. No recovery of contraband has been effected from the person of the petitioner at any point of time, (ii) that the grounds of detention are totally vague because there is no supporting materials upon which the detention order against the petitioner could be passed; (iii) that the grounds of detention date back as 14/15th May, 1988. There is no proximity between the events mentioned in the grounds of detention and the detention itself, and (iv) that the representation made by the petitioner against his detention was not disposed of by the authorities concerned with utmost expedition, in terms of Article 22(5) of the Constitution of India. It was also asserted that the detaining authority did not apply its mind to the peculiar facts and circumstances obtaining in the case of the petitioner and passed the impugned order of detention mechanically, much less on its subjective satisfaction.

(3.) I have heard Shri A.S. Sandhu, Advocate, for the petitioner, Shri S.S. Saron, AAG, Punjab, for the respondent-State and carefully gone through the material on record.