LAWS(DLH)-1990-10-28

BRIJ MOHAN SETHI Vs. UNION OF INDIA

Decided On October 25, 1990
BRIJ MOHAN SETHI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Produre has been filed by Brij Mohan Sethi, the petitioner, pravine that the order dated 19th October, 1989 for his detention be quashed. In exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to the Act) Shri Mahendra Prasad specially empowered officer passed the impugned order dated 19th October, 1989 for the detention of the petitioner, Shri Brij Mohan Sethi, so as to prevent him from dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods.

(2.) In this petition a number of grounds have been taken by the petitioner whereby challenging the order of his detention. Learned counsel for the petitioner however, has restricted his submission only on one point i.e. the delay in execution of the order of detention.

(3.) Learned counsel for the petitioner has submitted that the impugned order was passed on 19th October. 1989 but it was executed only on 29th March, 1990 inspite of the fact that the petitioner was available at the given address. He has also submitted that no serious efforts were made by the respondent for serving order of detention upon him and it was only when the petitioner appeared in the Court of Addl. Chief Metropolitan Magistrate, New Delhi on 29th March, 1990 that this order was served. He has, thus, submitted that apparently there was no immediate necessity of passing the impugned order and the subjective satisfaction of the detaining authority stands vitiated on account on this inordinate delay.