RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAGHUBIR Singh petitioner who is presently confined to Central Jail, Amritsar, by means of this Cr. W.P. under Articles 226/227, Constitution of India, seeks a writ in the nature of Habeas Corpus for his release by quashing the detention order No. 1/3/92-3 HIII (COFEPOSA)/56 dated 8.1.1992,passed by respondent-1, based on the ground of detention, Annexure P2, the same being illegal.

(2.) THE facts on the basis of which, the petitioner was detained, may be gathered from the grounds of detention Annexure P2.

(3.) THE petitioner has challenged the detention order on the basis that after his arrest, he has remained in custody and was never allowed bail. However, in the impugned detention order, Annexure P1 it has been stated that the petitioner was on bail and this fact would show that the detaining authority did not apply its mind to the facts of the case and the order had been passed on a cyclostyled preforma without going through the facts of the case. The documents relating to the order of rejection or grant of bail were not made available to the petitioner. The 'prejudicial activity' is dated 5.7.1991 and the detention order passed on 8.1.1992. There is no explanation of the delay in the passing of the detention order. The activity had become stale and the detention order is thus, punitive rather than preventive in nature. Since the bail application of the petitioner had been rejected, the respondent authorities were required to show the compelling reasons which necessitated the passing of the detention order to restrain him from engaging in 'prejudicial activities'. The statement relied upon by the authorities had been retracted and that fact was vital for consideration, but the same has not been considered. Representation dated 10.1.1992. Annexure P3, was sent to the Government which has however, not been decided till today. Although the goods are stated to be shown to the Customs Authorities, the same were not taken into possession.