MELA RAM SHARMA J. - (1.) THIS petition under Article 226 of the Constitution has been filed by Shri Darshan Singh challenging the order of detention of his father Shri Jai Inder Singh, who is a prominent member of the Punjab Congress.
(2.) ON November 1, 1974, the detenu was arrested under orders of the District Magistrate, Amritsar, passed by him in exercise of the powers vested in him under the Maintenance of Internal Security Act, 1971, as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974, and Clause (c) of Sub -section (6) of Section 6 of the Defence of India Act, 1971. The grounds of detention were served upon him on November 3, 1974. The order of detention was challenged in this Court in Criminal Writ Petition No. 216 of 1974. In the meantime, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act), was passed by the Parliament of India. The earlier order of detention of the petitioner lapsed on December 19, 1974. Thereafter, the petitioner was served with new grounds of detention on December 23, 1974. All the grounds except the ground mentioned in sub -para (d) were the same which had been put forth in justification of the earlier order of detention of the petitioner.
(3.) THE grounds read as under: (a) that with a view to dispose of your unaccountable Indian paper currency and to obtain smuggled gold in exchange for it, you sent Kuldip Singh alias Golah son of Shri Charan Singh Jat, resident of village Kaleh, P, S. Sadar, Amritsar, district Amritsar, a few days before 22 -8 -1974 to Ch. Khurshid resident of village Maini P, S. Narang, district Sheikhupura. Pakistan. There, abovesaid Kuldip Singh alias Kolah arranged a deal between you and above said Ch. Khurshid for obtaining gold of foreign markings in exchange of Indian currency at the rate of Rs. 500.00 per tola. On this occasion the abovesaid Kuldip Singh gave Rs. 1,25,000.00 to above said Ch. Khurshid on your behalf. As arranged, above said Ch. Khurshid, Pak smuggler, sent 25 biscuits of gold weighing 10 tolas each through Asgar alias Chinda s/o Mohd. Sharif a resident of village Daud, P. S. Rayya, district Sialkot (Pakistan) who delivered the same to you at your residence situated at Majitha Road, Amritsar in the early hours of August 23, 1974. Besides, he also delivered chit to you which showed the quantity of gold sent by above said Ch. Khurshid to you and money received by him earlier through above said Kuldip Singh alias Kolah. (b) That again you sent Rs. 2,00,000.00 in Indian currency through above said Kuldip Singh alias Kolah to deliver the same to above said Ch. Khurshid, Pak national, at his residence in village Maini in Pakistan who in exchange sent 40 smuggled gold biscuits of 10 tolas each through above said Kuldip Singh alias Kolah who gave the same to you at your above said residence on 19 -9 -1974. (c) That again on the night of October 10, 1974, you received 60 smuggled gold biscuits weighing 10 tolas each at your above said residence from above said Asgar which were sent by above said Ch. Khurshid Pak National to you. In exchange you gave him Rs. 8,00,000/. in Indian Currency to be delivered to above said Ch. Khurshid in Pakistan. (d) That on 31 -10 -1974, above said Ch. Khurshid again sent above said Asgar to you with a view to continue smuggling of gold, Above said Asgar crossed the border from near Pul Kanjri and was intercepted by Border Security Force party headed by Shri R. C. Verma, Assistant Commandant 27th Bn. B. S. F. From the personal search of above said Asgar two packets of cigarettes made in Pakistan were recovered. One contained cigarettes and the other was empty. On opening the empty packet of cigarettes it was found that the container contained the following message written in Urdu which was from above said Ch. Khurshid to you for continuing the smuggling activities : - - Sardar Jai Inder Singh Ji; Salam. Pichla Hisab Bebak Hai Aur Mal Tiar Hai. Paise Hamal Ruqa Haza Ke Hath Bhej Dewen Apka, Khurshid Note : The entire gold bearing foreign markings received by you in exchange of Indian currency notes, was smuggled from Pakistan secretly and through unauthorised routes. ;