MOHAMMAD MASOOM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Mohammed Masoom, is being detained under an order dated 25th January 1975 made by the Administrator of Delhi under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 ('COFEPOSA'). This petition for a writ of habeas corpus has been moved on his behalf by his son Mohammed Saleem.

(2.) Counsel for the petitioner attacked the order of detention on three grounds. First, and foremost, he said, that there had been unexplained and excessive delay in effecting the arrest of the petitioner after the order had been made, which showed that the satisfaction of the Administrator about the necessity for detaining the petitioner was not real or genuine. Secondly, he contended, that the grounds on which the order had been based were 'stale' and could not justify the order. And, thirdly, that the Administrator had taken note of certain statements made by the petitioner to the customs authorities, but had not been informed, and had not taken note of the fact, that the petitioner had retracted those statements.

(3.) In our opinion the petition must succeed on the very first ground, and hence it would be redundant to deal with the others. To properly appreciate that ground, it is. necessary to recite the history of the case.