KISHORE SUKAN RAJ JAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition has been filed for quashing the order No. P.5/3/Home/9192 dated 28.05.1992 (Annexure-A) passed by the Home Commissioner, Government of Rajasthan, Jaipur (respondent No.2) under Section 3(1), Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act) against Vasant Raj Jam (brother of the petitioner) (hereinafter called the detenuT) and for his release. The facts of the case giving rise to this petition may be summarised thus.

(2.) On May 03, 1991, police seized 24 silver slabs weighing 851.7 Kgms valuing Rs. 59,57,000/- from Gujrat Engineering and Oil Mills, Rani (Pali). At that time, the Manager of the Mill Hastimal Jam and the detenu were present there. F.I.R. No. 38/91 U/Ss. 411 and 12-B, I.P.C. and 110, Customs Act was registered in the P.S. Rani against the detenu and Bharat Jam. The same day, both of them were arrested and police remand was obtained upto 13.05.1992. On May 04, 1991, Customs Department, Jodhpur was accordingly informed. On May 07, 1991, a DCM Toyota truck bearing No. GOO 1038 was also seized by the police as the said silver slabs were brought in it. The same day, the Custom Officer, Jodhpur moved an application for handing over the said silver to him under the Customs Act, 1962. On May 08, 1991, Final Report was given in the said F.I.R. No. 38 of 1991. On May 18, 1991, Bharat Jam moved an application for the delivery of silver to him stating that it belonged to his relative Sagarmal Ram Chandra Rawat, Beejwa, the godown of the said Oil Mill was taken on rent and he kept it there. On May 21, 1991, bail was granted to detenu and Bharat Jam on the condition that they would not leave the jurisdiction of the court without prior permission. On May 28, 1992, the said detention order (Annexure-A) was passed. On September 23, 1992, the petitioner was arrested by the Gamda Devi Police Station, Bombay in F.I.R. No. 856/92 U/Ss. 342, 365,387, 397 and 452 read with Section 120-B, I.P.C. On October 12, 1992, the detenu was granted bail by the Metropolitan Magistrate, 14th Court, Goregaon, Bombay. On 13.10.1992, he was handed over to the Central Excise and Custom Department and the order of detention Annexure A was served on him. On October 16, 1992, grounds of detention and documents were served upon him and he was kept in Central Jail, Jodhpur. The detenu moved an application to the Superintendent, Customs, Jodhpur for giving him a copy of his statement recorded on October 15, 1992 u/s. 108, Custom Act. On November 6, 1992, the detenu submitted his representation. On the report of the Advisory Board, the State Government confirmed the detention order Annexure A by its order dated December 29, 1992 Annexure X2 till December 12, 1993.

(3.) In reply, almost all the aforesaid facts have been admitted. It has further been averred in it that the detenu was summoned four times between 1st July, 1991 to 19th September, 1991 u/s. 108, Customs Act, 1962, he neither appeared before the investigating authority nor cooperated in the investigation, crucial part of the investigation could not be completed earlier and the detention order dated May 28, 1992. Annexure A was passed after due consideration, thorough examination, prolonged processing and application of mind in accordance with law. It has also been averred that whatever delay occurred in passing the detention order it occurred only due to non-cooperation of the detenu himself, the grounds of detention and documents were promptly supplied to him,; his statement u/s 108, Customs Act was recorded in presence of his counsel Shri V.D. Kalla Advocate on October 15, 1992 and his representation was promptly dealt with.