LAKHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of the detention of the petitioner. The detention order dated May 19, 1989, has been passed by respondent No. 2 against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') with a view to preventing the petitioner from smuggling goods and engaging in tansporting and concealing smuggled goods. A declaration under Section 9(1) of the COFEPOSA Act has also been issued on June, 8, 1989 and vide order dated August 17, 1989, the period of detention was fixed for two years.

(2.) Various grounds have been raised in the petition but it is not necessary to refer to all of them.

(3.) This case had reached for hearing on November 10, 1989 and the matter remained part-heard but surprisingly no one appeared for the respondents at all. Even today although I waited for counsel for the respondents to appear for sufficient period but counsel for the respondents has not cared to appear. Hence, I proceed to pass the judgment in this case.