LALIT MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners Lalit Mohan and Harish Chander have filed these habeas corpus petitions in this Court questioning their detention under the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974. It appears from the ground of detention, which is at page 58 of Cr.W. 214/97, that Lalit Mohan was acting as a Flight Attendant in the Ambassador Sky Chef for the last ten years and was on duty for loading and unloading trolleys in the aircraft on 8/9.7.1996. It is stated in para 6 of the grounds of detention that Harish Chander was working as a Flight Attendant with Ambassador Sky Chef for the last eight years and on 9.7.1996 he was on duty on the high loader of the business class and the driver of the High loader was Mahinder Singh Hada. These two persons Lalit Mohan and Harish Chander being Flight Attendant were alleged to be involved in removing of the catering trolleys in which gold was hidden and had removed such trolleys in the past. They were detained by the detention order passed by the detaining authority on 25.10.1996.

(2.) These two persons Lalit Mohan and Harish Chander made representations dated 28.11.1996 to the Chairman, Advisory Board for revocation of the detention order dated 25.10.1996. These representations were also to be considered independently by the detaining authority as well as by the Central Government. It was alleged by the petitioners Lalit Mohan and Harish Chander that there is unusual and unexplained delay in consideration of their representations. It was a sorted that their representations have not been considered at all by the detaining authorities.

(3.) In reply to the said averments, it was contended by the respondents that the representation dated 28.11.1996 sent to the Central Advisory Board for revocation of detention order dated 25.10.1996 was considered independently by the detaining authority as well as by the Central Government and the detenus were informed about rejection of the representation by the detaining authority vide a memo dated 15.4.1997 and by the Central Government vide memo dated 22.4.1997.