SUNITA SHARMA Vs. ADMINISTRATOR DELHI ADMINISTRATION

JUDGEMENT

(1.) By our order dated 9th January, 1980 we had accepted the hebeas corpus petition filed by the wife of the detenu Shri Shyam Kishan Sharma and ordered his release from custody. In the said order we had indicated that the reasons For our decision would be given subsequently. The reasons for allowing the writ petition and ordering release of the detenu are given hereinafter.

(2.) . According to the petitioner the premises of the detenu were raided on 5th August, 19 79 by the Customs Officer. This raid was organised after a large number of watches had been seized at the Palam Airport on 4th August, 1979 nothing incriminating was recovered except that some trade goods like cosmetics, whisky, camera, fabrics etc. of foreign origin valued at Rs. 8,500.00 were recovered and seized. At about 12 noon on 5-8-79 the detenu was taken into custody. An application for bail was filed on 6-8-79 and the detenu was ordered to be released on bail 31-8-79. On 23rd September, 1979 the detenu was served with an order of detention dated 22nd September, 1979. The detenu was taken into custody and sent to Central Jail, Tihar, New Delhi. This order of detention was passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "the said Act"). On 28th September, 1979 the detenu was given grounds for detention. It is the contention of the petitioner that a number of documents, all the documents were not given to him. On 22nd October, 1979 the Advisory Board met but on a representation being made by the detenu for the supply of the rest of the documents, (before the) Advisory Board took any decision, the metting was adjourned on 29th October, 1979. On 27th October, 1979, according to the petitioner, some more documents were given for inspection. Ultimately on 6th November, 1979 the representation was rejected.

(3.) . The petitioner filed the present writ petition and prayed for a writ of hebeas corpus to be issued for the release of her husband. The return to the petition had been filed by Shri D.R. Kohli, the Administrator and also by Shri W. C. Khambra, Under Secretary (Home-P), Delhi Administration, Delhi.