DARSHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this case the detention order was passed on 6.10.1993, but was served according to the petitioner on 21.10.1994, and according to the respondents on 20.10.1994. Petitioner's counsel points out that soon after the incident which took place on 26.6.1993, when certain foreign currency was allegedly recovered from the petitioner's possession, the detenu was granted bail by the learned A.C.M.M. New Delhi on 29.6.1993 and a complaint was filed on 21.8.1993 under Sections 132 and 135 of the Customs Act. Thereafter, the impugned detention order was passed on 6.10.1993. On 16.7.1993 the petitioner was granted permission to go abroad for six months by the learned A.C.M.M. New Delhi, Thereafter, on 18.1.1994 the petitioner filed a writ petition before the High Court of Punjab and Haryana challenging the detention order at the pre-execution stage and that High Court granted stay of the operation of the detention order till 23.2.1994. Subsequently, the petitioner appeared on 27.1.1994 before the Court of the A.C.M.M. New Delhi and the writ petition was dismissed by the High Court of Punjab and Haryana on 17.6.1994. Later on 25.7.1994 the petitioner through his counsel moved an application for exemption from personal appearance before the learned Trial Court which was allowed by the said Court. Inasmuch as the period of permission to go abroad for six months expired on 4.9.1994, on 22.9.1994 the petitioner was not granted any further exemption from personal appearance and non-bailable warrants were issued against him. On 19.10.1994 the petitioner moved an application for the cancellation of non-bailable warrants, that was not allowed and, therefore, he was take into custody.

(2.) THE impugned order of detention was served on the petitioner on 21.10.1994 according to the petitioner, while it was served on him on 20.10.1994 according to the respondents.

(3.) WE have, therefore, no choice but to allow the writ petition and direct the petitioner to be released forthwith unless he is wanted in some other case.