E MOHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner has been detained by virtue of an order passed under Section 3(1), read with Section 2(f) of the Conservation of Foreign Exchange and, Prevention of Smuggling Activities Act, 1974, hereinafter caned the Act, with a view to preventing him from engaging in transporting, concealing and keeping smuggled goods, viz., gold biscuits of foreign origin into India.

(2.) The officials of the Customs Department carried out search of the house of one Gurdip Singh on October 28, 1983. They recovered gold biscuits worth Rs. 10 lakh. In the interrogation Gurdip Singh disclosed the names of one Han Ram and the petitioner as persons involved in the alleged nefarious activity of smuggling gold from foreign countries into India. In consequence, Han Ram and the petitioner were also interrogated on October 28 and 29, 1983. Proceedings were commenced against various persons including the petitioner, under the Customs. Act, A proposal to preventively detain the petitioner was received from the Collector of Customs by the Delhi Administration on or about February 4, 1984. The proposal after being processed was ordered to be placed before the Screening Committee of the Delhi Administration. The meeting of the Screening Committee was fixed for February 16, 1984. On that date, however, the meeting could not take place and was adjourned to February 25, 1984. On this date also the meeting could not take place as Shri R.K. Ohri, Additional Commissioner of Police, who was a member of the Screening Committee was unable to attend due to certain law and order problems in the city. The meeting was adjourned once again to February 29, 1984. On this date the meeting could not be held as one of the member, the Law Secretary, was held up in the Supreme Court in connection with some cases pending in that court. Ultimately, the meeting of the Screening Committee was held on March 3, 1984 when the proposal to detain the petitioner and others was considered. As the officials of the department got busy in connection with finalising the cases of other persons, whose detention had earlier been recommended, the minutes of the meeting of the Screening Committee could not be drawn up till March 9, 1984. These were signed on March 14, 1934 as 10th and 11th March, 1984 were holidays. Once again, a large number of cases of persons who were required to be detained were taken up for being finalised, as js apparent from paragraph 3 of the additional affidavit sworn on behalf of the respondents. The case of the petitioner was thoroughly scrutinised after April 5, 1984. It was felt that since proceedings had been initiated against the petitioner under the Customs Act, it should be verified from the Customs Department as to what was the stage of the adjudication proceedings before putting up the case to the Administrator for his orders on the proposal to preventively detain the petitioner. The Customs Department intimated the Delhi Administration on May 2, 1984 that show cause notice for adjudication proceedings had been issued to the petitioner and some others, who were allegedly his accomplices. After receipt of this information the file was duly processed on May 8, 1984. It could not be taken up again till June 4, 1984 as the officials of Delhi Administration got busy with finalising the Cases of other persons about which clear statement has been given in the additional affidavit. The file of the petitioner was taken up on June 4, 1984. It was considered by the Deputy secretary (Home) on June 7, 1984. A detailed note was got prepared along with draft grounds of detention and the file was sent to the Law Department of Delhi Administration on June 25, 1984. The Law Department dealt with the file on June 26, 1964 and than returned it to the Home Department of Delhi Administration. This was received in the Home Department on June 27, 1984. On June 30, 1984 the Deputy Secretary (Home) records that the case may be put up before the Administrator for appropriate orders. The file was then processed formally and put up to the Secretary (Home) of Delhi Administration. On July 4. 1984 we find from the file a note recorded that the case be put up to the Administrator after he resumed work. The then Administrator was indisposed. It was put up finally to the Administrator on his resuming work was July 19, 1984. The order of detention w4, passed by the Administrator on July 20, 198e After the file being routed through thy Secretary (Home) and Deputy Secretion (Home), the formal orders were issued July 25, 1984. The petitioner was apprehended on pursuance of these orders on August 16 1984.

(3.) The facts that we have given above are partly from the affidavit sworn on behalf of the respondents and partly from the records of the Delhi Administration shown to us.