RAMESH KUMAR GULATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is yet another case where we have had to allow a writ of habeas corpus because of lack of adequate diligence shown by the Customs Authorities.

(2.) The challenge in the present petition is to the order of detention dated 30th June, 1984 issued by the Administrator of the Union Territory of Delhi under section 3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) against the petitioner. In the order it is stated that it is proposed to detain the petitioner with a view to prevent him from smuggling goods into India and also engaging in transporting, concealing and keeping smuggled goods viz, integrated circuits.

(3.) Along with the order of detention, the petitioner was also supplied with the grounds on which the detention had been ordered. Prior to the detention order having been passed, the Customs Authorities had also launched prosecution against the petitioner. In addition thereto the Customs Authorities also issued to the petitioner show cause notice dated 29th May, 198 t whereby the petitioner was asked to explain as to why the seized goods should not be confiscated under the various provisions of the Customs Act and as to why penalty should not be levied. Opportunity was given to the petitioner to represent his case in these adjudication proceedings which were stated by the issuance of the show cause notice. On 22nd,June, 1984 a letter was written on behalf of the petitioner in reply to the show cause notice and it was stated that in order to enable the petitioner to file a reply, the Customs Authorities should supply to the petitioner Panchnama dated 13th March, 1984, seizure report and the statement of the petitioner. The first two documents related to the seizure which had been effected from the petitioner when he had arrived at the Delhi Airport on 13th March, 1984 from Singapore. The search of the baggage at that time had revealed that the petitioner had brought alongwith him, apart from other electronic equipment, integrated circuits which he had concealed in a washing machine which had also been imported by him.