GURMEET KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The detention order was passed against Smt. Gurmeet Kaur, the petitioner herein by the respondent under Section 3(1) read with Section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as the "COFEPOSA ACT'). The said order was passed by Mr. M.U. Siddiqui, Deputy Secretary (Home) Delhi Administration, dt.23.9.1991. This order was passed with a view to preventing her from smuggling goods. Along with the detention order, the grounds of detention were also served on her of the same date.

(2.) The facts of case are that Smt. Gurmeet Kaur arrived at I.G.I. Airport on the intervening night of 21st/22nd April, 1991. She was apprehended because she was found in possession of gold weighing 1399.500 grams. She was booked under Section 135 of the Customs Act. She made a statement under Section 108. She was produced before the Magistrate on 22nd April 1991 and was remanded to judicial custody. While in custody the order of for detention under section 3 sub section I and Section 2(f) of the Act was servied and communicated to her while she was in custody at Tihar Jail, Delhi.

(3.) The order of detention has been assailed, by the petitioner on various grounds but at the time of arguments, Mr. Herjinder singh, learned counsel for the petitioner, restricted his arguments on two grounds namely: i) Long delay in passing the detention order when the petitioner was already in custody since 22nd April, 1991 and ii) Delay in supply of documents which were supplied after the final meeting of the Advisory Board.