SNEH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition filed by the detenu questioning an order of detention dated 15.9.95. Alarge number of points have been argued by the learned counsel for the petitioner on various dates. In between, the petitioner was on parole 2.5.96 to 10.7.96 which was extended by another 10 days and again by 2 more weeks.

(2.) The learned counsel contended that there is unexplained delay in the disposal of the representation which, according to him, was submitted on 21.10.95, that the detaining authority alone can decide whether remarks have to be called from the sponsoring authority, that the Law department ought not to have been consulted by the detaining authority'; that there is no material on record that the detenu was intercepted by the Customs Officer at the exit gate of the arrival hall for search of the person and baggage of the detenu, that the detaining authority' considered and took into account matters not relevant; that the sanction for prosecution and the complaint are contradictory and that the 'goods' concerned, were not prohibited items.

(3.) We shall deal with these points one by one.