ABDUL VAKKIL Vs. THE UNION OF INDIA, REP., BY THE JOINT SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, DEPT. OF REVENUE, NEW DELHI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India by the detenu for the issuance of a writ of habeas corpus quashing the order of detention passed against him and setting him at liberty.

(2.) THE petitioner along with three others was intercepted on 22nd August, 1986 at the Madras Airport before they could board the aircraft to Singapore. After search, the customs authorities found foreign currencies, namely, U.S. Dollars hidden in their rectum. A criminal case was instituted against them. The petitioner pleaded guilty and he was accordingly convicted and sentenced to pay a fine of Rs. 1,000, in default to suffer rigorous imprisonment for three weeks on 8th December, 1987.

(3.) THE learned counsel for the petitioner raised in this case three contentions -(1) There is unexplained delay in considering the representation of the detenu; (2) There is no application of mind in as much as the entire grounds of detention would speak of the petitioner's attempt to take foreign currencies out of India whereas the concluding paragraph of the grounds of detention would disclose that the detaining authority was satisfied that the petitioner was attempting to bring foreign goods into India. (3) Many documents relied upon by the detaining authority and referred to by the detaining authority in the grounds of detention were not available to the detaining authority, nor were they furnished to the detenu along with the grounds of detention.