KAILASH CHAND SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges the detention order dated 1st September, 1998 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 the 'Act').

(2.) It is alleged that on the intervening night of 3rd/4th April, 1998 at about 9.30 p.m. truck bearing No. MP-23 D/7893 driven by Sher Singh was intercepted by the officers of the Directorate of Revenue Intelligence at Jaipur-Delhi National Highway near Rajokari and the petitioner was seated in the truck at that time. 273 packages were loaded in the truck and detailed examination of those packages resulted in the recovery of bearings, cosmetics, rechargeable Ni-Cd (Nickel Cadmium) Pencil batteries, glass wares, torch-cum-key rings and microwave oven wares etc., all of foreign origin and collectively valued at Rs. 82,96,900.00 . On demand neither said Sher Singh nor petitioner could produce any document for legal importation/transportation of the recovered goods. Petitioner was, therefore, arrested on 5th April, 1998 and on being produced before ACMM, New Delhi was remanded to judicial custody from time to time. A complaint was filed against the petitioner in the Court of ACMM, New Delhi on 2nd June, 1998 under the Customs Act, 1962. Thereafter, aforesaid order of detention dated 1st September, 1998 was passed against the petitioner by respondent No. 2.

(3.) Two fold contention advanced on behalf of the petitioner was that there was unexplained delay in disposing of the petitioner's representations dated 8th September, 1998 and 23rd September, 1998 by the Detaining Authority as also the Central Government and that Hindi translation of the relied upon documents at Serial Nos. 47,64,65 & 66 which are in English, were not supplied to the petitioner. Respondents allege that the comments to the former representation were sent by the Sponsoring Authority in time by registered post but delivery thereof to his address was delayed by the Postal Authorities. It is, however, not necessary to deal with the ground regarding alleged delay in dealing with the representation dated 8th September, 1998 because this writ petition is liable to succeed on the remaining grounds.