SUDARSHAN KUMAR @ AMIT CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) On 13.4.1989 at around 1.00 a.m., Customs Authorities recovered from detenu-petitioner Sudarshan Kumar alias Amit Chaudhary U.S. $ 8400 and Rs. 2,000/- in Indian currency. Learned Chief Judicial Magistrate Chandigarh, released the petitioner on bail on 19.4.1989. A month thereafter on 19.5.1989 the order of preventive detention Annexure P-1 was clamped on the detenu-petitioner. Legality of the detention order Annexure P-1, based on grounds of detention Annexure P-2, has been assailed by detenu-petitioner in Criminal Writ Petition No. 1840 of 1989 on grounds that the representation filed by him was not considered by the detaining authority with due promptitude and utmost expedition contemplated in Article 22(5) of the Constitution of India, that impugned order of detention is based on single solitary incident of 13.4.1989; and that no compelling reasons have been set out in the detention order Annexure P-1 to order detention of the petitioner who had already been released on bail a month before it.

(2.) It was stated in reply that the representation was considered and decided in 23 days with utmost expedition; that the petitioner was indulging in illegal purchase/sale of the foreign currency on large scale and, therefore, it became necessary to detain him under preventive detention; and that the detaining authority know on 19.5.1989 that the petitioner was on bail with effect from 19.9.1989 and still deemed it necessary to detain him in exercise of its preventive jurisdiction on the basis of its subjective satisfaction.

(3.) I have heard Shri H.S. Mattewal, Senior Advocate, with Shri Sukhbir Singh, Advocate, for the petitioner, Ms. Jai Shree Anand, Advocate, for the respondents and carefully gone through the relevant material brought on record. It is stated in para 5 of the reply :-