RASPATI GHALE Vs. UNION OF INDIA

JUDGEMENT

(1.) AS far as the Union of India is concerned there is no delay in the matter and it was proceeded expeditionly. AS per the affidavit filed on behalf of the respondent there is delay of 26 days on the part of the sponsoring authority in furnishing the comments to the detaining authority and this delay remains unexplained. It cannot be denied that the customs is a department of the Government of India and if there is delay on the part of the functionary, it would be binding upon the Government and they cannot take shelter by saying that it is a separate department.

(2.) IT is not disputed that the office of the sponsoring authority is located at Delhi. Delay of 26 days has not been ex plained. Relying upon the decision of S.K. Jahangir CW 100/91 dated 14th May, 1991 (HC Delhi) this unexplained delay in fur lushing comments is sufficient for quashing the detention order and to hold that the detention order cannot be sustained. Detenu was ordeded to be released forthwith.