SUNIL KUMAR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a habeas corpus petition relating to the detention of Sunil Kumar. The detention is based on the disclosure made by Shri Chakravarthy Vadrewo after he was detained at Palam Airport on 20th November, 1984. In his various disclosure statements he has also stated that Sunil Kumar was his mentor and guide and had actually been the guiding factor in the smuggling operations done by him. Among other things it was stated that Sunil used to supply money and fake passports on which Chakravarthy used to travel abroad to import contraband material. Regarding the trip which ended in the apprehension at the airport, it was claimed that it was Sunil who had got those button cells at Bangkok and Sunil had travelled back one day earlier from Bangkok. Thus, Chakravarthy had tried to place the blame on Sunil. There was other material appearing from the statements of certain other persons to whom Chakravarthy used to sell smuggled goods. They also claimed that Sunil used to sell smuggled goods. From Chakravarthy's statement it would appear that Sunil had also been going abroad to smuggle goods.

(2.) The search of Sunil's residence had revealed no material at all against him nor was he ever detected and he was never apprehended before the detention order was passed on 12th December, 1985.

(3.) Several points have en argued in support of this petition by the learned counsel. It has been urged that there is a non-supply of certain essential documents which make the detention order invalid. A list of those documents has also been examined by us. It includes a red diary which was referred to by Chakravarthy while making his statement. There is a reference to Sunil in that diary. In the grounds, it is mentioned in paragraph 26 that summons were issued to Sunil and he appeared before the Superintendent Customs on 19-10-84. He had made a statement at that time that be bad never been abroad and he had never issued any forged landing certificate to Sundip Gupta. The question we have to ask ourselves is if Sunil bad never been abroad then how could he be the agency to supply the button cells to Chakravarthy in Bangkok.