G.S.CHAHAL,J - (1.) KULDIP Singh by means of this petition under Article 226 of the Constitution of India seeks quashing of detention order No. 1/29/93-3HIII (COFEPOSA)/359 dated March 15, 1993 (Annexure P-1) and grounds of detention dated 15-3-1993 (Annexure P- 1 /A).
(2.) THE allegations in which the detention of the petitioner had been ordered, may be drawn from the grounds of detention Annexure Pl/A. On Jan 11, 1992, working on a specific information, the Customs (Preventive Staff), Amritsar held a Nakabandi on Jalandhar road near Beas and intercepted a Car No. DIB 3385 Ambassador of steel grey colour. The petitioner and Sarabjit Singh were found travelling by the car. After their particulars were confirmed, it was inquired from them if the car was carrying any contraband. While Sarabjit Singh replied very courageously in the negative, the petitioner got confused while saying no. The customs staff then started thorough checking of the car. The petitioner then disclosed that there were Rs. 10,00,000 in Indian currency duly concealed about which Sarabjit did not have any knowledge. The car was then taken to customs house, Amritsar, where it was rummaged in the presence of the petitioner, his associate and two independent witnesses, Rs. 10,00,000/- currency notes were recovered duly concealed in specially designed cavity behind the rear seat of the car which had been fitted with two screws and covered with a rexin sheet. These bundles were tied with plastic tapes and rubber bands. The registration book of the car which stood registered in the name of Mrs Nisha Rani of Delhi was recovered from the dashboard. The petitioner and his associate could not produce any evidence documentary or otherwise showing lawful acquisition/possession/transportation of the Indian currency of the value of Rs. 10,00,000/-. The petitioner disclosed that he had sold 35 gold biscuits for a total price of Rs 17,50,000/- to one Vipan Kumar son of Jagdish Shah of Khuh Kaurian Amritsar, while a sum of Rs. 5,00,000/- had already been transported and delivered to Varinder Bhalla and his accomplice Tarvinder Singh, another sum of Rs. 2.40 lakhs to one Shahid of Turkman Gate, Delhi, and the remaining amount had been detained to meet expenses of marriages of relations and the same was with the knowledge of his counter part smugglers Since that contingency was over, the petitioner had been directed by Achha of Dubai to deliver this amount to Tarvinder Singh. As a follow up action. searches were carried out and from the residential premises of Varinder Bhalla, one bundle of 100 currency notes of the denomination of Rs. 50/- and a slip containing some telephone Nos. of Dubai based smuggler Manider Singh were recovered. As a result of the search of the residential premises of Tarvinder Singh currency notes valued at Rs. 12 97,440/- were recovered. The petitioner thereafter tendered a voluntary statement in which he disclosed his activities of smuggling. The details of the same are given in para 3 of the grounds. On inquiry from Smt. Nisha, she informed the authorities ;that she had purchased the car which she subsequently sold to Kuldip Singh r/o 103, Ghanupur, Chhahrata, Amritsar. The petitioner was arrested on 11-1-1992 after tendering the statement, and he was produced before CJM Amritsar who remanded him to judicial custody and subsequently, released him on bail on February 3, 1992
(3.) THE petitioner has challenged the detention order on the grounds that there was inordinate delay in passing of detention order and that this fact vitiates the satisfaction of the detaining authority. That the detaining authority had considered the factum of release of the petitioner on bail, however while supplying the detention order, copies of the bail application and bail order has not been supplied and the same had deprived the petitioner of making an effective representation.;