ATTAR PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges the detention order dated 17th July, 1998 passed by respondent No. 2, under Section 3(1 ) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the Act') against the petitioner.

(2.) . It is, inter alia, alleged that on the basis of a specific intelligence, the officers of Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi, intercepted two tempos bearing Registration Nos. DL-1LB-0213 and DL-1 LA-3728 just as the goods being carried in them were about to be off-loaded in front of godown-cum- residence of one Tej Veer Singh, located at Khasra No. 16, Gali No. 3, R-Block, Vikas Nagar, New Delhi, on 1st May, 1998 at about 9.45 PM. Dheer Singh, co- detenu, was present on the spot at the time of interception of the two tempos which were loaded with goods packed in hessain cloth. Similar type of packages were lying next to the doorsteps of the said premises. One of the packages on being opened was found to contain ball bearings with marking that showed that they were to foreign origin. On being asked by the officers of the Directorate of Revenue Intelligence, said Dheer Singh stated that he had brought the said two tempos for off-loading the goods in his godown on instructions of the petitioner and that the goods which were lying on the ground outside the said premises were also got off-loaded by him from another tempo under similar instructions from the petitioner a little earlier in the day. On being further asked by the officers of the Directorate of Revenue Intelligence to show evidence to prove that the goods had been imported in the country legally said Dheer Singh stated that neither he nor any other person had any evidence either documentary or otherwise and the said goods had.been smuggled into India from Nepal. It is further alleged that the aforesaid two tempos and the Mini Truck in which the goods lying outside the said premises were loaded were taken to the office of the Directorate of Revenue Intelligence situated at Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi. On way to the office when the officers of the Directorate along with said Dheer Singh were on Nangloi-Najafgarh Road at Hanuman Mandir. Dheer Singh pointed out towards the petitioner who was standing against a Maruti 800 car, as the person on whose instructions he was handling the said goods. Petitioner is stated to have voluntarily made a confessional statement under Section 108 of the Customs Act, 1962", inter alia, to the effect that said goods were handled by said Dheer Singh on his instructions. Petitioner was arrested and produced for the judicial remand before ACMM, New Delhi on 3rd May, 1998. Order of detention under challenge was passed against the petitioner on 17th July, 1998, which was served on him on 18th July, 1998. It is also stated that the petitioner sent representation to the respondent No. 2/detaining authority on 31st July, 1998. Another representation was sent on 3rd August, 1998. Representation was rejected by the detaining authority on 26th August, 1998 while by the Central Government on 1st September, 1998.

(3.) Contention advanced by Shri Ashutosh appearing for the petitioner was that there is unexplained delay in disposing of the petitioner's representations dated 31st July, 1998 and 3rd August, 1998 by the detaining authority and also the Central Government. Dheer Singh, co-detenu who also filed similar petition for revoking the detention order, has been ordered to be released by order dated 13th January, 1998 passed in Criminal Writ Petition No. 905/98, by at Division Bench of this Court on the ground of unexplained delay in disposing of the representations made by him and in view of that order detention order in question also deserves to be quashed. In support of later limb of the argument reliance was placed on a decision in Om Prakash Mahendru Vs. Union of India & Ors. [1989(1) Crimes 479].