MOHAMED SHAHANAWAZ Vs. D N CAPOOR

JUDGEMENT

(1.) On the basis of credible information, one person was nabbed by the Customs Air Intelligence Unit, Bombay on 29-10-1986 at about 7.00 p.m. at Sahar Airport. On his person five gold bullions of 10 tolas each were found which were sought to be carried clandestinely. These came to be attached under Panchanama. Formalities of investigation commenced. His statement under section 108 of the Customs Act was recorded. It is some time thereafter that it was felt that a preventive action was necessary and, therefore, a proposal was made to detain him. After observing formalities, an impugned order of detention was passed on 22nd April, 1987. It was however, served on the detenu on 7th August, 1987, which order is being impugned in this petition on behalf of the detenu under Article 226 of the Constitution of India.

(2.) In support of the petition, Shri Gupta, the learned Counsel pressed into service pre-dominantly four contentions and in our opinion, all the said four contentions deserve to be accepted.

(3.) The incident is alleged to have occured on 29th October, 1986. The impugned order is recorded on 22nd April, 1987 and it was served on the detenu on 7th August, 1987. This aspect, therefore, contains two Chapters. In the first, there is delay in passing the order of detention in between 29th October, 1986 and 22nd April, 1987. In the second chapter, there is a delay in serving the order. On both the grounds, in our opinion, there is unexplained delay. In the return filed on behalf of the detaining authority, it is mentioned that the detenu was arrested on 30th October, 1986. His last statement was recorded on 17th December, 1986 though investigation continued right from the date of his arrest. The proposal was made and the Screening Committee accepted the proposal on 16th February, 1987. It was forwarded on 12th March, 1987 to the detaining authority and on scrutiny the detention order was passed on 22nd April, 1987.