INDERJEET Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present appeals, challenge is to the order of detention passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter referred to as the Act). The said order was passed on the ground that gold was being smuggled from abroad by the Inderjeet Singh, the appellant No.l. He and the other appellant-Varinder Singh were intercepted on 17-12-1999 in the Customs Arrival Hall at Netaji Subhash Chandra Bose International Airport, Calcutta. They were found smuggling 77 pieces of gold bars of foreign origin weighing about 8.816 kg. and valued at about Rs. 39 lacs. A representation was made to the detaining authorities to revoke the detention. Representation was also made to the Advisory Board and to the Central Government. The representation were considered and rejected. Writ petitions were filed before the Delhi High Court which were numbered as Criminal Writ Petition Nos. 477 of 2000 and 479 of 2000. The main ground of challenge was that the Central Government did not dispose of the representations within a reasonable time when the second representation was made. Strong reliance was placed before the High Court on a decision of this Court in Smt. Gracy vs. State of Kerala and Anr. (44 (1991) Delhi Law Times-1). The High Court found that the decision had no application and also the decision of this Court in Jasbir Singh vs. Lt. Governor, Delhi and Anr. (1999) 4 SCC 228) had no application. Therefore, the writ petitions were dismissed. Subsequently, an application for review of the order dated 18-12-2000 was filed which was also dismissed.

(2.) Challenge in these appeals is to the aforesaid orders of the High Court.

(3.) None appears for the appellants.