KAPIL DUTT BALI Vs. UOI

JUDGEMENT

(1.) EXEMPTION application is allowed, subject to all just exceptions. CRL.M.A. No. 1091/2013 Delay in re-filing is condoned. The petitioner-Kapil Dutt Bali impugns detention order dated 6th May, 1994 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 in the present writ petition which was filed on 15th January, 2013. It is apparent that the writ petition is highly belated and is bad for laches and delay. We may state here that the petitioner had remained under detention under the said order from 25th May, 1994 to 24th May, 1995 for one year.

(2.) THE petitioner, it is apparent, had unsuccessfully challenged the detention order probably before this High Court. The petitioner has not furnished full details or copy of the said order. However, the petitioner has enclosed copy of the order dated 3 rd May, 1995 passed by the Supreme Court of India in Criminal Appeal No. 686/1995. By the said order, leave was granted and after hearing, the criminal appeal was dismissed on merits and the order of the High Court was confirmed. (See Annexure P-2 at pages 135-136).

(3.) IN the meanwhile, proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 were initiated and the competent authority by order dated 31 st August, 1999 passed an order forfeiting certain properties of the petitioner. Assail by way of appeal was dismissed by the appellate authority on 19th April, 2002. These orders were made subject matter of challenge in Writ Petition (Criminal) No. 561/2002 before the High Court of Delhi and a stay order was also passed in favour of the petitioner but with the condition that the petitioner would not sell, alienate or transfer or part with possession of the properties. This writ petition ultimately got dismissed for want of territorial jurisdiction with liberty to the petitioner to approach the appropriate court.