HARHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is awrit petition' under Article 226 of the Constitution of India with the prayer that the detention order dated December 8, 1992 under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA") passed against the petitioner by detaining authority, respondent No. 2 be quashed.

(2.) The allegations on the basis of which the petitioner was detailed, briefly stated are as under : The petitioner was intercepted at IGI Airport by the! custom authorities, when he arrived from Hong Kong on September 1, 1992 and was subjected to personal search. As a result of the personal search of the petitioner 1708.400 grams of gold valued at Rs. 6,83,360.00 was recovered from his possession. Pursuant to notice under Section 108 of the Customs Act, 1962, the petitioner admitted that he brought the said gold from Hong Kong clandestinely and also admitted its recovery and seizure on his search by the custom authorities. The petitioner was arrested in connection with the incident and was produced before the ACMM, New Delhi on the same day viz. September 1, 1992, who remanded him to judicial custody. On November 18, 1992 'he petitioner was released on interim bail for a period of one month. Ultimately on December 8, 1992 the impugned detention order was passed against the petitioner which was served on him on December II, 1992.

(3.) Learned counsel for the petitioner, Ms. Sangita, submits that the petitioner made a representation to the Advisory Board on February 8, 1993 which was presented personally by the counsel for the petitioner on the said date. It is submission of the learned counsel for the petitioner that the representation of the petitioner was not considered by the State resulting in violation of the provision of Article 22 (5) of the Constitution.