KESHAV JARU SALIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS habeas corpus petition is filed by Keshav Jaru Salian, who claims to be the father of one bhaskar Keshav Salian, the detenu. The petitioner has filed this petition under Article 226 of the constitution of India challenging the legality and validity as also correctness of the detention order dated 22nd February 1990 issued by the 4th Respondent in exercise of powers under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974 (No. 52 of 1974 ). The impugned order was served upon the detenu on 19th March 1990.

(2.) THE contention raised by Mr. Karmali, learned counsel appearing in support of this writ petition, although does not require us to state the facts in detail, but suffice it to state that despite the seriousness of the seizure of substantial quantity of contraband gold on 22nd May 1989, the detaining authority took nearly 9 months to issue the impugned order of detention. The incident in question took place on 21st May 1989 when the Customs Officers at the Sahar Airport intercepted the detenu alongwith two panchas. The detenu came by the Aircraft which arrived from Tokyo - Bangkok - Delhi as Air India flight AI 301 and was berthed at Bay No. 50 of Sahar airport. 120 gold bars which were hidden in the cloth bag were removed from the roof panelling above the aluminium rack was used for keeping toilet requisites. It is needles to refer to the various stages of investigation as reflected in the grounds of detention. Suffice it to say that the seizure resulted into recovery of 240 gold bars totally weighing about 27. 984 Gms. and were valued at Rs. 56,52,768 I. M. V. and Rs. 91,50,768/- L. M. V.

(3.) FROM the index of the documents it appears that the investigation was completed by the end of may 1989. Some of the documents which are referred to in the index of documents relate to July and August 1989. The show cause notice issued by the Customs department is dated 7th november 1989.