2008 (2) TMI 943 - HC - Customs

Summary

Issues Involved:
1. Delay in passing the Detention Order.
2. Delay in execution of the Detention Order.
3. Non-supply of documents.

Summary:

1. Delay in Passing the Detention Order:
The incident leading to the Detention Order occurred in May 2001, and the Order was passed on 11.4.2002, almost one year later. The Court scrutinized the Respondents' explanation, which detailed over fifty dates of actions and investigations, concluding that the delay did not result in the snapping of links between the commission of the offense and its likely recurrence. The Court emphasized that the nature of the investigation, involving commercial fraud and evasion of Customs Duty, required thorough and extensive investigation.

2. Delay in Execution of the Detention Order:
The Detention Order was passed on 11.4.2002 and served on the Petitioner on 10.6.2002. The Respondents explained that the Petitioner was not available despite surveillance, leading to an order u/s 7(1)(b) of the COFEPOSA Act on 21.5.2002. The Court accepted this explanation, noting that the Petitioner was absconding and that the publication of the Notice in the Official Gazette presumed the Petitioner's knowledge of the Detention Order. The Court found no inordinate or unexplained delay in the execution of the Order.

3. Non-supply of Documents:
The Petitioner argued that the non-supply of the Remand Order dated 4.10.2001, which was relied upon, prejudiced his defense. The Court referred to precedents like Powanammal v. State of Tamil Nadu and Kamarunnissa v. Union of India, emphasizing that non-supply of a relied-upon document is fatal. However, the Court found that the Remand Order was not relied upon by the Detaining Authority for passing the Detention Order, and relevant documents establishing the Petitioner's remand and bail were supplied. Therefore, the non-supply of the Remand Order did not prejudice the Petitioner's right of representation.

Conclusion:
The Writ Petition was dismissed as devoid of merit, with the Court finding no unjustified delay in passing or executing the Detention Order and no prejudice caused by the non-supply of the Remand Order.