BALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by Baljit Singh (hereinafter described as the petitioner) under Articles 226/227 of the Constitution of India for directing the respondents to release the petitioner immediately or in other words quashing the order of detention dated 9.5.1994.

(2.) It is alleged that on basis of specific information a trap was laid hear Adarsh Nagar Park, Jalandhar City on 8.4.1994. The petitioner along with his Bajaj Chetak scooter without any registration number was intercepted. Another person along with his Bajaj Chetak scooter was also intercepted. The petitioner was taken to the office of Assistant Collector Customs and Central Excise. Nothing incriminating was recovered from the petitioner. It is alleged that the petitioner admitted that the recovered foreign and Indian currency had been brought by him on his Bajaj Chetak scooter and he had delivered the same to Kamaljit Singh. The said currency was of the sale proceeds of 80 smuggled gold biscuits. From the other person the recovered foreign and Indian currency was worth Rs. 40, 49, 407/- The petitioner is further alleged to have made voluntary statement dated 8.4.1994. An order of detention was passed on 9.5.1994 along with grounds of detention.

(3.) Petitioner assails the said order of detention to be illegal and mala fide. It is asserted that no recovery has been effected from the petitioner. There is no assertion that after his release on bail, he has indulged in further illegal activities. The representations submitted by the petitioner are alleged to have not been considered by the appropriate authorities and that there is inordinate delay in deciding the representations.