2000 (12) TMI 924 - HC - Customs

Summary

Issues Involved:
1. Subjective satisfaction of the Detaining Authority.
2. Validity of the remand order.
3. Non-consideration of the retraction letter.
4. Authority of the DRI officers.

Issue-wise Detailed Analysis:

1. Subjective Satisfaction of the Detaining Authority:
The petitioner challenged the detention order on the grounds that the subjective satisfaction of the Detaining Authority was vitiated by considering extraneous and irrelevant materials. The Detaining Authority had detained the individual under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, based on the belief that the individual was involved in smuggling activities. The petitioner argued that the Detaining Authority considered irrelevant materials, such as threats made to DRI officers, which had no bearing on the smuggling case. The court agreed with the petitioner, stating that the inclusion of such extraneous material could have influenced the Detaining Authority's decision, thereby vitiating the detention order. The court cited the decision in Vashisht Narain Karwaria v. State of U.P. and another, 1990 S.C.C. (Crl.) 372, to support its conclusion that the detention order was invalid due to the consideration of irrelevant materials.

2. Validity of the Remand Order:
The petitioner contended that the detention order was invalid due to the absence of a valid remand order on the date of detention. The court examined the sequence of remand orders and bail applications. The detenu was initially remanded on 28.6.2000, and subsequent orders extended the remand. On 12.7.2000, the Additional Chief Metropolitan Magistrate noted that the detenu was hospitalized and extended the case to 26.7.2000. The court concluded that the detenu was indeed in judicial custody on the crucial date, and the Detaining Authority was justified in proceeding on this basis. The court rejected the petitioner's contention, finding no merit in the argument that the absence of a physical remand order invalidated the detention.

3. Non-Consideration of the Retraction Letter:
The petitioner argued that the Detaining Authority did not consider a retraction letter sent to the Additional Chief Metropolitan Magistrate, which violated Article 22(5) of the Constitution. The court referred to a previous decision in Jumma Khan v. State of Tamil Nadu and another, H.C.P.No.909 of 2000, which held that it was not obligatory for the judicial forum to forward such letters to the Detaining Authority. Since the retraction letter was not addressed to the sponsoring or Detaining Authority, the omission to consider it did not vitiate the detention. The court rejected this contention as unsustainable.

4. Authority of the DRI Officers:
The petitioner challenged the authority of the DRI officers, arguing that they were not proper officers under the Customs Act. The court referred to a notification dated 8th February 1963, which conferred powers on DRI officers under various sections of the Customs Act. The court also cited a previous decision in S.Peer Mohammed v. State of Tamil Nadu and others, H.C.P.No.800 of 2000, which upheld the authority of DRI officers. The court rejected the petitioner's contention, affirming that DRI officers were authorized to conduct searches, seizures, and other actions under the Customs Act.

Conclusion:
The court quashed the detention order on the grounds that the Detaining Authority's subjective satisfaction was vitiated by considering extraneous and irrelevant materials. The other contentions raised by the petitioner were rejected. The habeas corpus petition was allowed, and the detenu was ordered to be set at liberty unless required in connection with any other case.