PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARAMJIT Singh, petitioner has come to this court in this criminal writ petition under Article 226 of the Constitution of India for quashing of the detention order No. 1/22/90-3HIII (COFEPOSA)/726 dated 22.4.90, Annexure P1 and grounds of detention, Annexure P1/A and the confirmation order No. l/12/903HIII(COFEPOSA)/827 dated 15.5.91 Annexure P2.

(2.) THE petitioner was working as a porter (Coolie) at Attari Land Customs Station, Attari, District Amritsar. On 30.10,89, he was arrested under Section 104(1) of the Customs Act by the Customs Authorities. The facts leading to his arrest, as borne out from the grounds of detention Annexure P1/A, may be briefly enumerated.

(3.) ON 30-10-89 and 31-10-89 the petitioner made a statement to the Superintendent, Customs Preventive wherein he gave the version corroborating the version of Chand Beg. On 22-3-90 the order Annexure P1 was passed for detention of the petitioner, on the ground that he had been arranging the smuggling of goods and with a view to preventing him from indulging in the aforesaid prejudicial activities, it was necessary to detain him. Sh. A. S. Sandhu, learned counsel for the petitioner challenges the detention order on the ground that there was a time lag between the actual offence and the detention order. The representation filed by the petitioner had been decided with delay. The detention order had been executed with inordinate delay and that the petitioner was not furnished with copies of grounds for bail and the bail order so as to enable him to make an effective representation.