HIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Hira Singh alias Hiru was arrested on October 24, 1984 in connection with F.I.R. No. 354 dated August 7, 1984 registered at Police Station, Lopoke, under Sections 307, 411 and 414, Indian Penal Code and 25 of the Arms Act. He was interrogated on October 26, 1984 and he disclosed that he had been involved in smuggling of goods from March 1984 to October, 1984. Detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, dated August 31, 1985 (Annexure P.1) was passed by the State Government in pursuance of which he was put under preventive detention. In this writ petition the petitioner has assailed the validity of the detention order and has prayed that he may be released from detention forthwith.

(2.) IT is not disputed that the last activity of smuggling was allegedly performed by the petitioner on October 1984 which was brought to the notice of the District Authorities during his interrogation on October 26, 1984. On the basis of these activities the detention order was passed about 10 months thereafter on August 31, 1985. The contention on behalf of the petitioner is that there was no proximity between his last alleged activity and the order of detention because of the unexplained delay between the two which indicates that there is no nexus between the alleged activities and the passing of the detention order.

(3.) THE petitioner is entitled to succeed on another ground also that there was explained delay in the disposal of the petitioner's representation. It is well settled by a large number of judgments of the Supreme Court that the delay in the disposal of the representation made by a detenu which has not been sufficiently explained is by itself a sufficient ground for holding that the order of detention is illegal. This view was taken by the Supreme Court in Jayanarayan Sukul v. State of West Bengal, AIR 1970 Supreme Court 675; Prof. K.I. Singh v. State of Manipur, AIR 1972 Supreme Court 438; B.N. Chunakar v. State of West Bengal, AIR 1972 Supreme Court 1198; K.L. Bose v. State of W.B., AIR 1972 Supreme Court 1623 and Ranjit Dass v. State of W.B., AIR 1972 Supreme Court 1753.