S RAJENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ appeal has been filed against the order dated 29.4.1999 in W.P. No. 4993 of 1999 passed by the learned single Judge dismissing the writ petition seeking to quash order dated 19.2.1999 on the ground of delay.

(2.) THE necessary facts for the disposal of this writ appeal as alleged, are that the petitioner S.Rajendran is the proprietor of M/s.Sterling Exchange Corporation. He is also the Managing Director of M/s.Goodluck Forex (I) Ltd. A computer with data particulars and cash of Rs. 16 lakhs were seized on a search conducted in the office of the petitioner on 22.12.1997. THE petitioner was arrested on 23.2.1998 and remanded to judicial custody. It is alleged that he filed W.P. No. 1909 of 1998, for quashing the proceedings dated 18.6.1998 whereunder the time limit for retaining the documents seized, was extended. Another W.P. No. 1910 of 1999 was filed for the return of seized currency of Rs. 16 lakhs. It is also alleged that W.P. No. 6184 of 1999 was filed against the show cause notice issued as to why the seized money and amounts blocked in various accounts in a sum of Rs. 38 lakhs and odd should not be confiscated. THE petitioner was ordered to be detained under COFEPOSA Act, 1974, vide order dated 19.2.1999, against which this writ petition has been filed.

(3.) WE have heard learned counsel for the parties and perused the materials on record and the case law. Though it is not necessary to deal with each case cited, as the learned counsel argued vehemently, we discuss the case law cited by either party.