LAWS(P&H)-1992-11-80

GURMEET SINGH @ RUBY Vs. UNION OF INDIA

Decided On November 18, 1992
Gurmeet Singh @ Ruby Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) GURMEET Singh @ Ruby (hereinafter referred to as the petitioner) has came to this Court in this petition under Section 482 Cr.P.C. read with Article 226 of the Constitution of India for quashing of detention order F. No. 673/33/92-CUS. VIII dated 7-2-92 and grounds of detention dated 7-2-92.

(2.) THE grounds on which the detention of the petitioner has been ordered are given in Annexure P2 and may be briefly stated :

(3.) THE petitioner has challenged this order of detention on the ground that he had been arrested on October 7, 1991 and was ultimately released on bail on October 18, 1991. That from the date of his release on bail, till the date of detention order, he had not indulged in any prejudicial activity. The detention order was passed on February? 1992, and the order was thus neitherbonafidenor of preventive nature as contemplated by the COFEPOSA Act and there was inordinate delay of about 4-1/2 months in ordering the detention. On account of this delay, the order is liable to be struck down. That no effort was made by the authorities to get his bail orders cancelled and the detention order is in the form of punitive act and is not a preventive act and there was no genuine subjective satisfaction of the detaining authority.