DALJIT SINGH @ BHOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DURING the period 14th April, 1986 to 22nd October, 1986 detenu-petitioner Daljit Singh was allegedly involved in smuggling arms and ammunitions from Pakistan and, therefore, respondent State clamped upon him the order of detention dated 24th April, 1987 which was admittedly served upon the petitioner on 23rd April, 1987 which was admittedly served upon the petitioner on 23rd January, 1988. Order of detention Annexure P.1 was issued by the respondent under Section 3(1) of the conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974.

(2.) DETENU -petitioner Daljit Singh has filed Criminal Writ Petition No. 27 of 1989 for quashing the detention order Annexure P.1 based on grounds of detention Annexure P.1/A on the grounds that the petitioner was arrested on the basis of First Information Report No. 150 dated 22nd October, 1986 registered against him under Section 25 of the Arms Act and Sections 3/4 of the Terrorist Detention and Disruptive (Prevention) Act in Police Station Khalra district Amritsar and thereafter released on bail but the detention order Annexure P.1 was passed by the Detaining Authority against him oblivious of both the facts aforesaid of his initial arrest and later release on bail, that the inordinate delay from 14th April, 1986 to 23rd January, 1988 snaps the link between the alleged prejudicial activity and his belated detention and that the Detaining Authority never applied its mind to the peculiar facts and circumstances obtaining in his case and, therefore, the order of detention gets vitiated.

(3.) EXPLANATION for the inordinate delay from 22nd October, 1986 to 23rd January, 1988 furnished in paragraphs 8 and 12 of the reply reads as follows :-