2002 (9) TMI 347 - SCH - Customs

Quashing of detention order by High Court - Held that - Appeal dismissed. The detention order had been passed on 13-7-1994 and the declaration was thereafter made on 16-8-1994 thus found the delay to be inordinate and unexplained. The High Court noticed that while issuing the declaration the competent authority had taken into consideration the application made by the customs department for cancellation of bail of the detenu and if that was a relevant document, so was the reply that had been filed. That reply has not been placed before the concerned authority. The High Court found that the detention order is not sustainable and allowed the appeal which needs no interference.

Summary

The Supreme Court of India dismissed the appeal against the High Court's decision to quash a detention order due to delay in addressing the detenu's representation and failure to consider relevant documents. The High Court found the delay in dealing with the representation to be unexplained and inordinate, and noted that the detention order was not sustainable as the reply to the customs department's application for cancellation of bail was not considered. The appeal was dismissed as the High Court's reasons were deemed cogent and proper.