MUNNA LAL KHANDELWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act) was passed on 6th May, 1994. The said detention order was served upon the petitioner on 12th June, 1994 along with grounds of detention.

(2.) THE learned counsel for the petitioner, Mr. Trilok Kumar urged various grounds in the writ petition such as inordinate delay in passing and in execution of the detention order, relevant material neither placed nor considered by the detaining authority thereby vitiating the subjective satisfaction of the detaining authority, non -supply of all relied upon documents pari pasu grounds of detention amounting to infraction of Section 3(3) of the COFEPOSA Act and Article 22(5) of the Constitution of India, all relied upon documents not supplied in the language known to the petitioner, supply of unintelligible relied upon documents and placing of reliance on irrelevant documents showing non -application of mind.

(3.) MS . Barkha Babbar, learned counsel for the respondent has vehemently opposed the arguments of learned counsel for the petitioner and has stated that all the relied upon documents have been supplied to the petitioner some unintelligible documents have also been supplied but if the documents in original were not unintelligible, the same could not be made legible. She has argued that there is no inordinate delay in execution of the detention order as investigation took time.