SANTOK CHAND SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged his detention order which was executed on 22nd May, 1992. The detention order against him was passed on 29th July, 1989. The grounds of detention as annexed to the detention order are Annexure -2. The list of the documents which were relied upon by the detaining authority have been enumerated in Annexure-3. The brief fact sledding to this detention are that on 9th may, 1989 The Inspector of Central Excise and Customs Department, Ratangarh apprehended one mala Ram at Ladhu Railway Station. This Mala Ram was coming from Jaipur. Apparently, he did not possess any objectionable article alongwith him but on search it revealed that he had concealed two packets in his rectum and thes packjets were covered by condomes. Six gold biscuits of foreign marks were recovered from these packetrs. This Mala Ram was interrogated under Section. 108 of the Customs Act and he gave out that earlier Dalam Chand, brother of the petitioner called him and handed over American dollars to him and they were concealed in his rectum then mala Ram and petitioner went to Nepalgarh where the petitioner took away the An American dollars and later on the foreign mark gold biscuits were delivered to him on 6th may, 1989. These were the biscuits which were found with Mala Ram when he was searched on 9th May, 1989.

(2.) Mala Ram was also prod7uced before the Chief Jueicial magistrate, Economic offences, JaiOpur and his statement was recorded and it was on the basis of the statement of Mala Ram that the order of detention of the petitioner was passed on 29th July, 1989. It may be mentioned here that the petitioner was summoned to appear before the Collector of Customs but inspire of two notices he did not appear. The detention order has been challenged on a number of grounds namely; that the order has been passed without application of mind; he was not informed that he can make a representation to the Central Government; his representation dated 27th June, 1992 was considered after undue delay; Hindi version of the documents was not furnished to him inspite of of requests; that the detention order was executed after a long delay for which thee is no explanation and in the meanwhile he was appearing before the Chief Judicial Magistrate, Economic Offences, jaipOur in connection with another case, the material fact that the petitioner had been released on bail was not brought to the notice of the detaining authority and that the only material against the petitioner is the statement of Mala Ram.

(3.) The order of detention Annexure- 1 mentions that the petitioner is indulging in and abetting the activity of carrying, concealing, Keeping, smuggling of gold and encouraging the illegal activities of smuggling in gold. The material collected against the petitioner was the statement of Mala Ram from whom six biscuits of foreign mark were recovered.