- (1.) This petition under Articles 226/227 of the Constitution of India relates to quashment of detention order dated 29.6.1989 (Annexure p/1) passed against the present petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (as amended) (hereinafter referred to as 'COFEPOSA' Act) with a view to prevent him from abetting the smuggling of goods.
(2.) In brief, facts relevant for the disposal of this petition as emerged from the grounds of detention (Annexure p/2) are that in pursuance to information received by officers of the Directorate of Revenue Intelligence, car bearing registration No. DNA 2616 was intercepted along with its lone occupant namely Joginder Mohan alias Babu, at about 8.30 P.M. on 28.5.1989. The said car along with its lone occupant was escorted to the office of the Directorate of Revenue Intelligence, Lodhi Road, New Delhi. From thorough search of the said car 370 foreign marked gold biscuits of 10 Tolas each, collectively valued at Rs. 1,38,11.360/- were recovered from two secret cavities in the side panels above the floor board in front of the car. On the following day, Joginder Mohan alias Babu in his statement admitted that under the instructions of the present petitioner, he accompanied Pala Singh petitioner's brother-in-law to village Gaggobua in Fiat car No. DNA 2616 to the house of Partap Singh, where, consignment of 370 gold biscuits was concealed in two secret cavities of that car. Both Pala Singh and Joginder Mohan alias Babu returned in that car to the house of the present petitioner in Kennedy Avenue, Amritsar and from there Joginder Mohan was directed by the petitioner to take the consignment to Delhi. The present petitioner was summoned in the office of the Director of Revenue Intelligence on 15.6.1989 but he did not appear on that day, or, on 21.6.1989. On the basis of the statements of Joginder Mohan, Partap Singh and others, as well as on the basis of documents mentioned therein, the impugned order of detention was passed against the present petitioner.
(3.) The learned Counsel for the parties were heard.;