SANJEEV GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a readymade garment exporter, was detained under Section 3 of COFEPOSA Act by order dated 26.4.2001. He was supplied grounds of detention and relied upon documents. He, however, made a representation on 22.10.2001 and asked for supply of some more documents which was rejected vide order dated 25.10.2001. He then again made a representation dated 5.11.2001 for revocation of his detention which was also turned down by order dated 13.11.2001. His case was thereafter referred to the Advisory Board where he was heard and his detention was subsequently confirmed.

(2.) Petitioner challenges his detention on several grounds. He alleges delay of 8 months and 16 days in passing the detention order which vitiated his detention. According to him, authorities had received information regarding his alleged fraudulent duty draw back claim on 29.7.2000 leading to investigation in which his last statement was recorded on 27.1.2001 but despite this they had failed to pass the detention order till as late as on 26.4.2001. Reliance in this regard is placed on the Supreme Court judgments in Anand Prakash v. Union of India, (1990) 1 SCC 291 and a judgment of this Court in Lal Khimani v. Union of India, 82 (1999) DLT 641 (DB)=2000 (1) AD Delhi 246.

(3.) Petitioner's second ground of attack is that respondent had also caused delay of 4 months in the execution of the detention order which had gone unexplained vitiating the detention in the process. Support for this is drawn from the Supreme Court judgment in several cases including A. Mohd. Farooq v. Joint Secretary, IV (2000) SLT 59=II (2000) CCR 89 (SC)=(2000) 2 SCC 360; K.M.P. Bashir v. Union of India, (1992) 2 SCC 295; and Smt. Sultan Abdul Kader v. Joint Secretary, (1998) 8 SCC 343.