RAM NIWAS GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) .The petitioner through the presesnt writ petition seeks quashment of the detention order dated June 23,1994 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 ( hereinafter referred to as the Act for the sake of convenience) by the Administrator, National Capital Territory of Delhi.

(2.) .Brief facts which led to the present petition are as under: that while the petitioner was leaving for Dubai he was intercepted at the Indira Gandhi International Airport. His person and baggage were searched which resulted in the recovery of foreign currency ( Rs. 5,45,718.90 in terms of Indian Rupee). The petitioner was forced and coerced to make voluntary statement under Sections 106/108 of the Customs Act. The petitioner was arrested on the aforesaid date. He moved two bail applications and the same were rejected on June 8,1994 and June 15,1994. Subsequently, the petitioner was detained under Section 3 of the Act though he was in judicial custody. The said detention order is illegal and invalid and is as such liable to be set aside, inter alia, on the following grounds.

(3.) .A friend of the petitioner made a representation on July 19,1994 on his behalf to the President of India wherethrough he prayed for supply of certain documents and also prayed for revocation of the impugned detention order. The said representation was rejected on August 10,1994. Thus, the impugned detention order is liable to be quashed on the ground of inordinate delay in the disposal of the said representation.