HEM RAJ SAPRA Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) Hem Raj Sapra was directed to be detained under the provisions of section 3 (1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 (for short COFEPOSA Act). The order was passed on 20th June 1986 by the Administrator of the Union Territory of Delhi with It view to preventing the petitioner, namely, HemRaj Sapra, from smuggling foreign currency out of India and preventing him from engaging in transporting, concealing and keeping foreign currency and also with a view to preventing him from abetting the smuggling of foreign currency. A similar order was also passed by the Administrator against one Vidyanath K.C. on the same day in respect of the same incident. The petitioner so far has not been detained. His so-called accomplice Vidyanath K.C. was, however, detained on 28th August 1987. He filed a petition of habeas corpus which was allowed on 16th October, 1987 by one of us (Malik Sharief-Ud-Din, J.).

(2.) The petitioner is seeking quashing of the order dated 20th June, 1986 on a number of grounds. Mr. Bagai learned counsel for the petitioner, however, has confined himself only to two grounds. Those are (i) that the impugned order was passed after a long delay of 8 months from the date of the incident and (ii) that there is no justification for delay in the execution of that order till today.

(3.) We may note that the incident occurred on 22nd October, 1985. Vidyanath K.C. was apprehended at the Airport on that day on the allegation that he was carrying lot of foreign exchange unauthorisedly. The petitioner herein is alleged to be a business partner of Vidyanath K.C. The two grounds which have been urged before us were also taken in Vidyanaths writ petition Criminal Writ. No. 408 of 1987. The detention order in that case was held to be vitiated on both these grounds.