ANGEL SAAVEDRA DOPICO Vs. UNION OF INDIA

JUDGEMENT

(1.) Angel Saavedra Dopico, a Spanish national arrived at New Delhi from Zurich on 13th January, 2001. He was intercepted and was found carrying 33 gold bars on his person. Those 33 gold bars were seized and his statement under Section 108 of the Customs Act, 1962 (hereinafter called the Act) was recorded. Since 13th January, 2001 he is in custody and confined in the Central Jail, Tihar. Criminal complaint against him under Section 132, 135(1)(a) and (b) of the Act was filed on which the cognizance has already been taken by the learned Additional Chief Metropolitan Magistrate, New Delhi. While the petitioner was still in judicial custody confined in the Central Jail, Tihar, he was served with the impugned order dated 12th July, 2001 passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (as amended) {hereinafter called the COFEPOSA Act).

(2.) Aggrieved by the order of detention, the petitioner has assailed the same by way of this writ petition. His challenge is based primarily on four counts namely; (i) that there has been long delay in passing the detention order; (ii) unexplained delay in serving the said detention order; (iii) petitioner was in'jail, his activities were controlled hence there Was no occasion for him to indulge in smuggling activities; and (iv) that relevant documents have not been taken into account by the detaining authority nor these were placed before the said authority.

(3.) We had the opportunity to hear Mr. Herjinder Singh, Advocate for the petitioner and Mr. K.K. Sud, Additional Solicitor General for the respondent. So far as the first objection regarding delay in passing the detention order, to our mind, it has been satisfactorily explained by the respondent vide their explanation Annexure 'A' given in the time chart filed with the sur-rejoinder. Perusal of the same reveals that the proposal to? detention of the petitioner was sent to the detaining authority on 27th April,2001 pursuance to which the screening committee met and considered the proposal on 16th May,2001. Whereafter the case was processed and presented to the detaining authority who took cognizance of the show cause notice to the petitioner on 6th July,2001. The detaining authority after consideration of all the relevant documents passed the impugned detention order on 12th July.2001.